IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 37956 of 2007(R) PETITIONERS: -------------------- 1. N.NARAYANAN, "SAYOOJYAM", ALINKEEZHIL, VANDIKARAN PEEDIKA, P.O.MAMBA, ANCHARAKANDI, KANNUR DISTRICT. 2. K.MUKUNDAN, `SHAIJU NIVAS', VENDEETTAYI, P.O.PINARAYI, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR. 5. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. BY SPECIAL GOVERNMENT PLEADER SRI.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.37956 of 2007 R ------------------------- Dated this the 12th day of March, 2008. JUDGMENT Since a counter affidavit has been filed by the respondents, by consent of parties, I have taken up the writ petition for hearing. 2. The petitioners entered service as Drivers Police Constables in the Police Department. The first petitioner retired on 31.8.2007 and the second petitioner retired from service on 31.5.2007. The petitioners contend that they were granted 1st and 2nd higher grades, on completion of 7 and 15 years of service. Ext.P3 is the order by which the first petitioner was granted 1st grade on completion of 7 years and Ext.P4 is the order dated 12.11.1999 by which the 2nd higher grade was granted on completion of 15 years of service. It was revised as per Ext.P5. 3. Insofar as the 2nd petitioner is concerned, he was granted 1st grade on 7.6.1989 and the 2nd grade was granted on 1.11.1998. The second petitioner's case is also covered by Ext.P5. The petitioners submit that they were receiving enhanced salary as per Ext.P5. While so, W.P.(C).NO.37956/07 :: 2 :: the Government issued Ext.P6 order dated 1.4.2000 inter alia stating as follows: “Government have examined the case in detail and are pleased to order that Driver (Police Constable) and other technical categories in the Police Department will be eligible for first, second and third higher grades in the scale of Rs.4000-6090, Rs.4500-7000 and Rs.5500-9075 respectively, subject to the satisfaction of other conditions regarding Higher Grade Scheme. Higher Grades already granted will be regulated in the scales of pay ordered above with effect from the date of receipt of this order.” 4. Ext.P6 was challenged by the petitioners and others before this court and this led to Ext.P1 judgment by which it was inter alia declared that there shall be no recovery on the strength of Ext.P6. This court then observed that the question as to whether individual petitioners have become entitled to any further relief on the strength of them completing any particular length of service before 1.4.2000 and whether the training period is liable to reckoned as part of service, are matters which the Government will have to decide on appropriate representations being made on individual basis. W.P.(C).NO.37956/07 :: 3 :: 5. Apparently, individual representations were filed by the petitioners. But before orders could be passed, apprehending recovery, they approached this court. 6. A statement has been filed on behalf of the 5th respondent. In the statement, it is inter alia contended that the petitioners were granted second time bound higher grade in the scale of pay applicable to Sub Inspectors, which they are not entitled to. Other contentions have also been taken up at this stage. 7. When the writ petition is taken up for hearing today, counsel on either side placed before me a copy of the Government Order No.3432/07/Home dated 14.12.2007. The relevant portion of the said order reads as follows: (i) Any payment made earlier to the personnel including petitioners on account of the regulation of their grade scales prior to the issuance of G.O.(MS)No.192/03(133)/Fin dated 01.04.2003 need not be recovered. (ii) The personnel including the petitioners who have entitled for higher grade before 01.04.2003 as per the then existing pattern, W.P.(C).NO.37956/07 :: 4 :: but not sanctioned so far, will be eligible for higher grade only as per the existing scheme. When a revised scheme is in force, higher grade cannot be granted based on earlier pattern. High grade granted prior to the issuance of G.O.(MS)No.238/02/Fin dated 19.04.2002 need not be reviewed. (iii) Since the judgment of the single judge, permitting reckoning of pre-service training period for the purpose of grade, increment, pension, has been set aside by the Division Bench, the training period cannot be reckoned as qualifying service for increment, grade and pension.” 8. The said Government Order, therefore, disposes of the representations filed by the petitioners among others. Learned counsel for the petitioners submits that the second higher grade, in the case of the petitioners, was sanctioned prior to the issuance of G.O. (MS)No. 238/02/Fin dated 19.04.2002 and therefore, the grant of such higher grade need not be reviewed. 9. Learned Government Pleader submits that this is matter which requires consideration by the Government. W.P.(C).NO.37956/07 :: 5 :: 10. In view of the fact that the Government has passed a fresh order on 14.12.2007, it is only appropriate that the petitioners' case is also considered in the light of the said Government Order. In the result, the writ petition is disposed of directing the 1st respondent to consider whether the grant of second higher grade in favour of the petitioners is covered by Clause (ii) of the Government Order dated 14.12.2007. Necessary orders shall be passed in this regard within three months from the date of receipt of a copy of this judgment, which the petitioners shall produce along with a representation before the 1st respondent. There shall be no recovery from the petitioners, pending fresh orders to be passed by the Government, as aforementioned. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge