IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 23844 of 2010(E) -------------------------- PETITIONER(S): --------------------- 1. SURESH KUMAR.V., BAND P.C. NO.4926, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 2. SAJIMON P.V., DRIVER P.C.NO.4417, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 3. N.PADMAKUMAR, DRIVER P.C.NO.4924, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 4. RAJESH P.M., DRIVER P.C.NO.4906, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 5. MANOHARA KUMAR.B., DRIVER P.C.NO.5178, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 6. GOPEE KRISHNAN.R., DRIVER P.C.NO.5179, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 7. AJAYAKUMAR.S., DRIVER P.C.NO.4912, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 8. SHANAVAS M., DRIVER P.C.NO.4916, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 9. P.S.JAIN, DRIVER P.C.NO.4918, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 10. SURESH KUMAR K., DRIVER P.C.NO.5187, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. 11. SURENDRAN P.K., CAMP FOLLOWER, 223, K.A.P. 3RD BATTALION, HQ COMPANY, ADOOR. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN WPC NO.23844/10 -2- RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695001 3. THE COMMANDANT, K.A.P. 3RD BATTALION, ADOOR, PATHANAMTHITTA-689645. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, ALONG WITH WPC NO.24326/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 23844 & 24326 OF 2010 ========================== Dated this the 12th day of August, 2010 J U D G M E N T Petitioners in these writ petitions belong to Drivers-HC and PC category. 11th petitioner in WP(C) No.23844/10 is a Camp Follower. 2. The common grievance of the petitioners is that though they are entitled to have their previous military service counted for the purpose of higher grade and that claim has not been considered so far. 3. According to the petitioners, by Exts.P7 to P9 judgments produced in these writ petitions, the claim identical to the one raised by them has already been upheld by this Court and the benefit of these judgments have been extended to the beneficiaries by Ext.P10 Government Order. 4. Petitioners in WP(C) No.23844/10 states that they have filed Ext.P11 representations before the 3rd respondent and that by Ext.P12 communication, the 3rd respondent returned those taking a view contrary to what has been taken by this court in the judgments referred to above. WPC Nos. 23844 & 24326/10 :2 : 5. In so far as petitioners in WP(C) No.24326/10 are concerned, it is stated that except Ext.P11(3) representation pending before the 5th respondent, the remaining representations are pending before the 2nd respondent. 6. In view of the above, these writ petitions are disposed of with the following directions:- (1) Since Ext.P12 in WP(C) No.23844/10 has been passed without adverting to the principles laid down in Exts.P7 to P9 judgments or referring to Ext.P10 Government Order relied on by the petitioners, Ext.P12 is quashed. (2) The 3rd respondent herein, the Commandant, KAP, 3rd Battalion, Pathanamthitta is directed to reconsider Ext.P11 representations filed by the petitioners in the light of Exts.P7 to P10 referred to above. (3) In so far as WP(C) No.24326/10 is concerned, Ext.P11 series are the representations filed. Ext.P11 series shall be considered by the 2nd respondent, the Director General of Police and Ext.P11(3) representation shall be considered by the 5th respondent, the Superintendent of Police, Kollam in the light of WPC Nos. 23844 & 24326/10 :3 : Exts.P7 to P10 referred to above. (4) Orders shall be passed in the manner as directed above within 6 weeks of production of a copy of this judgment along with a copy of these writ petitions. ANTONY DOMINIC, JUDGE Rp