IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 29478 of 2007(H) -------------------------- PETITIONER(S): --------------- 1. P.M.SEKHARAN NAIR, S/O.P.K.MADHAVAN NAIR, AGED 63 YEARS, PC K 4615 RETIRED CONSTABLE, KARUKACHAL POLICE STATION RESIDING AT SHANTI BHAVAN, KOTTAMURI P.O., THRIKUDITHANAM, CHANGANASSERRY. 2. T.M.DEVADASAN, S/O.VELLAPPAN, AGED 64 YEARS, PC K 4640, RETIRED CONSTABLE CHANGANASSERY POLICE STATION, RESIDING AT KUMALOTH HOUSE, KUTTOOR P.O., THIRUVALLA. 3. P.C.VARGHESE, S/O.CHACKO, AGED 63 YEARS, PC K 4638, RETIRED CONSTABLE, VAKATHANAM POLICE STATION, RESIDING AT PEZHUMOOTTIL, PUTHENCHANDA PO, VAKATHANAM, KOTTAYAM. 4. A.J.BABY, S/O.JOSEPH THOMAS, AGED 63 YEARS, PC U 1545, RETIRED CONSTABLE, MANIMALA POLICE STATION, KOTTAYAM RESIDING AT AMRITHA HOUSE, TRIKUDITHANAM, CHANGANACHERRY. 5. M.A.GOPALAN CHATTAIR, RETIRED PC 4636, AGED 62 YEARS, RESIDING AT MALIYAKEL HOUSE, THRIKODITHANAM P.O., CHANGANASSERY. BY ADV. SRI.SAJITH KUMAR V. RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 4. THE DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, NEW DELHI. 5. THE ACCOUNTANT GENERAL (A & E), KERALA O/O ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVERNMENT PLEADER FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, ALONG WITH WPC NO. 10808 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: A TRUE OPY OF THE ORDER NO.G.OMS NO.53/HOME DT.18.2.67 ACCORDING SANCTION FOR DEPLOYMENT OF IIIRD BATALLION OF M.S.P IN ASSAM ISSUED BY THE 1ST RESPONDENT. EXT.P2:A TRUE COPY OF THE ORDER G.O(R.T)NO.325/82 HOME DT. 6.2.82 ISSUED BY THE 1ST RESPONDENT EXT.P3:A COPY OF THE ORDER G.O(M.S) 44/83 HOME DT.5.4.83 ISSUED BY THE 1ST RESPONDENT ACCORDING TO THE REQUEST OF MR.K.A.SALIM EXT.P4:A TRUE COPY OF THE ORDER G.O(RT)NO.50/95 HOME, DT. 7.1.95 ISSUED BY THE 1ST RESPONDENT. EXT.P5:A TRUE COPY OF THE JUDGMENT DT.6.6.2003 IN W.P(C) NO.17479/03 OF THE HON'BLE HIGH COURT. EXT.P6:A TRUE COPY OF THE ORDER NO.67162/A1/03/HOME DT.16.4.2004 ISSUED ON BEHALF OF THE 1ST RESPONDENT. EXT.P7:A TRUE COPY OF THE ORDER NO.G.O(R.T)NO.5/2004/HOME DT. 1.1.2004 ISSUED ON BEHALF OF THE 1ST RESPONDENT. EXT.P8:A TRUE COPY OF THE REPRESENTATIONDT.10.3.07 SUBMITTED BY THE PETITIONERS BEFORE THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. EXT.P9:A TRUE COPY OF THE JUDGMENT DT.24.10.2005 IN W.P(C) NO.32091/2002 OF THE HON'BLE COURT. EXT.P10:A TRUE COPY OF THE DGO NO.214/2007 DT.20.2.07 ISSUED BY THE DIRECTOR GENERAL OF POLICE. EXT.P11:A TRUE COPY OF THE ORDER DGO NO.804/2008 DT.31.7.2008 ISSUED BY THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. EXT.P12:A TRUE COPY OF THE GRATUITY PAYMENT ORDERS DT.28.3.2007 ISSUED BY THE ACCOUNTANT GENERAL A&E IN FAVOUR OF RETIRED CONSTABLE ONE MR.DINESAN NAIR. EXT.P13:A TRUE COPY OF THE GRATUITY PAYMENT ORDERS DT.1.5.2000 ISSUED BY THE ACCOUNTANT GENERAL A&E IN FAVOUR OF RETIRED CONSTABLE ONE MR.DINESAN NAIR. EXT.P14:A TRUE COPY OF THE COMMUTATING PAYMENT ORDER NO.P05/OH/C- 10796901 DT.28.3.2007 ISSUED BY THE ACCOUNTANT GENERAL A&E IN FAVOUR OF RETIRED CONSTABLE ONE MR.DINESAN NAIR. RESPONDENTS' EXHIBITS: NIL P.N.RAVINDRAN, J. ----------------------------------------------- W.P. (C) No.29478 OF 2007 & W.P(C) NO.10808 OF 2005 ----------------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT Heard both sides. 2. The petitioners are Ex-Police prsonnel. They were initially recruited to the III rd Battalion of the Malabar Special Police. After the Malabar Special Police was disbanded, they were absorbed in the Central Reserve Police Police Force. After discharge from the Assam Police Force, they were absorbed in the State Police. While serving in the State Police, they retired from service on attaining the age of superannuation. 3 These Writ Petitions are filed relying on the judgment of this Court in O.P.No.32091 of 2002 and the consequential orders issued by the State Government, whereby the Government ordered that the service rendered by Ex-Police personnel in the III rd Battalion of the Malabar Special Police and in the Central Reserve Police Force shall WPC NO.29478 /07 & 10808/05 2 be reckoned for the purpose of all service benefits including pay and allowances and pension. After these Writ Petitions were filed, by Ext.P11 order dated 31.7.2008 produced in W.P(C) 29478 of 2007, the petitioners were given all service benefits and they were also promoted to the category of Armed Police Inspectors. 4. When the Writ Petitions came up for hearing today the learned counsel appearing for the the petitioners submitted that in view of Ext.P11, the pensionary benefits granted to the petitioners have to be revised as was done in the case of the pensioners named in Ext.P13 to Ext.P16. The learned counsel submits that in view of Ext.P11 order passed on 31.7.2008 by the Director General of Police, these writ petitions may be disposed of with a direction to the respondents to revise the pensionary benefits payable to the petitioners and disburse the arrears thereof within a limit to be fixed by this Court. 5. In view of Ext.P11 order, the petitioners are also WPC NO.29478 /07 & 10808/05 3 entitled to payment of revised pensionary benefits. The petitioners are senior citizens. In these circumstances, the pensionary benefits have to be revised and arrears disbursed without further delay. I therefore, dispose of these Writ Petitions with a direction to the respondents to revise the pensionary benefits sanctioned to the petitioners, taking note of Ext.P11 order dated 31.7.2008 issued by the Director General of Police. This shall be done within 3 months from the date of receipt of a certified copy of this judgment. Disbursement of arrears shall be made within a further period of 2 months thereafter. (P.N.RAVINDRAN, JUDGE) sks/-