IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 21868 of 2010(G) -------------------------- PETITIONERS: --------------- 1. K.SUBRAMANIAN,DRIVER,H.C.NO.9939, A.R.M.T,KOCHI CITY,KOCHI. 2. PADMAKUMAR.A.S,DRIVER,H.C.NO.10174, A.R.M.T,KOCHI CITY,KOCHI. 3. RAJEEV.M,DRIVER, P.C.NO.9794, A.R.M.T,KOCHI CITY,KOCHI. 4. RADHAKRISHNAN.N,DRIVER,P.C.NO.10992, A.R.M.T,KOCHI CITY,KOCHI. 5. SURESH KUMAR.P.T,DRIVER,P.C.NO.10982, A.R.M.T,KOCHI CITY,KOCHI. 6. BENNY P.VARGHESE,DRIVER,P.C.NO.10598, A,R.M.T,KOCHI CITY,KOCHI. 7. ASOKAN.K.K,DRIVER,P.C.NO.11256, A.R.M.T,KOCHI CITY,KOCHI. 8. SURESH KUMAR.P.V,DRIVER,P.C.NO.11402, A.R.M.T,KOCHI CITY,KOCHI. 9. MADHU.M.S,DRIVER,P.C.NO.11265, A.R.M.T,KOCHI CITY,KOCHI. 10. JOSEPH SHAJI,MECHANIC,P.C.NO.10752, A.R.M.T,KOCHI CITY,KOCHI. 11. ISSAC.M.V,DRIVER,P.C.NO.11403, A.R.M.T,KOCHI CITY,KOCHI. 12. KURIAN.M.E,DRIVER.P.C.NO.11406, AR.M.T,KOCHI CITY,KOCHI. 13. KOCHU KUNJU.V.K,DRIVER,P.C.NO.10622, A.R.M.T,KOCHI CITY,KOCHI. 14. RAMESAN.K.U,DRIVER,H.C.NO.9209, A.R.M.T,KOCHI CITY,KOCHI. 15. PRADEEP KUMAR.K.K,DRIVER,H.C.NO.9932, A.R.M.T,ERNAKULAM RURAL,ALUVA. 16. ALIAS.N.V,DRIVER,P.C.NO.10756, A.R.M.T,KOCHI CITY,KOCHI. 17. DILEEP.P.S,DRIVER,P.C.NO.9805, A.R.M.T,ERNAKULAM RURAL,ALUVA. 18. RAGHUNANDAN.M.V,DRIVER,P.C.NO.10387, A.R.M.T,ERNAKULAM RURAL,ALUVA. 19. BABU.K,DRIVER,P.C.NO.10990,A.R.M.T, KOCHI CITY,KOCHI. 20. RAMACHANDRAN.K,ARMOURER,H.C.NO.9166, A.R.M.T,ERNAKULAM RURAL,ALUVA. 21. JOSE.C.C,SRMOURER,H.C.NO.10197, A.R.M.T,ERNAKULAM RURAL,ALUVA. 22. SASIKUMAR.V.K,DRIVER,P.C.NO.9809, A.R.M.T,KOCHI CITY,KOCHI. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,HOME DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE,KOCHI CITY, KOCHI. 4. THE SUPERINTENDENTOF POLICE, ERNAKULAM RURAL,ERNAKULAM. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 21868 OF 2010 -------------------------- Dated this the 14th day of July, 2010 J U D G M E N T Petitioner No.10 is a Police Constable (Mechanic) and petitioners 20 and 21 are working as Head Constables (Armour) in the Police Department. Remaining petitioners are Drivers belonging to categories of Head Constables and Police Constables. The grievance is that the claim put forward by petitioners 1 to 14, 16, 19 and 22 for counting their previous military service for the purpose of fixation of pay in the higher grade has been rejected by Ext.P13 order passed by the third respondent. The claim of the other petitioners are pending consideration before the fourth respondent. It is challenging Ext.P13 order, the writ petition is filed. 2. Main contention raised by the learned counsel appearing for the petitioners is that the claim of the petitioners has already been upheld by Exs.P7 to P9 judgments rendered by this Court and according to him, these orders have been implemented by Ext.P10 order. It is stated that it was without considering these documents that Ext.P13 order has been passed. 3. A reading of Ext.P13 shows that the relevance of the aforesaid documents has not been adverted to by the third WPC No.21868/2010 2 respondent. For that reason, I am inclined to think that the matter needs to be reconsidered. 4. Therefore, I quash Ext.P13 and direct the third respondent to consider the claim of petitioners 1 to 14, 16, 19 and 22 to count their previous military service in the light of Exts.P7 to P10 referred to above. Orders shall be passed as expeditiously as possible, at any rate, within a period of six weeks from the date of production of a copy of this judgment. 5. In so far as the remaining petitioners are concerned, according to them, their claims are pending consideration of the fourth respondent. Therefore it is directed that the claims made by them shall be considered by the fourth respondent in the light of the aforesaid directions an within the aforesaid time limit fixed. Petitioners shall produce copies of this judgment along with copy of this writ petition before respondents 3 and 4 for compliance. The writ petition is disposed of as above. ANTONY DOMINIC (JUDGE) vps WPC No.21868/2010 3 WPC No.21868/2010 4