IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 36503 of 2010(K) -------------------------- PETITIONER(S): --------------- 1. PRAKASH.T.P., DRIVER P.C.2625, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 2. PRAKASH.K.G., DRIVER P.C.2622, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 3. UNNIKRISHNAN.M.S., DRIVER P.C.2796, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 4. SURESH BABU.N., DRIVER P.C.271, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 5. REGHUNATHAN NAIR.R., DRIVER P.C.2731, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 6. RADHAKRISHNA PILLAI.P., DRIVER P.C.283, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 7. SOMAN.P.G., DRIVER H.C.266, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 8. SURESH BABU.K., DRIVER H.C.244, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 9. P.B.AJITH, DRIVER H.C.277, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 10. MANMATHAN NAIR.P.K., DRIVER H.C.252, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 11. VASUDEVA KURUP.R., DRIVER P.C.261, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. 12. MURALEEDHARAN.N., DRIVER P.C.278, HQ COMPANY, A.R.CAMP, PATHANAMTHITTA. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-1. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-1. GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 36503 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd day of December, 2010. J U D G M E N T The petitioners in this writ petition are working as Driver Head Constables and Police Constables in the Police Department. They claim that they had prior military service before joining the Police Department. According to them, in view of Ext.P8 judgment, the petitioners are entitled to have their prior military service reckoned for the purpose of higher grade and other benefits. The petitioners further submit that following that judgment, in Ext.P12 judgment, similar persons have been given the same reliefs, which the petitioners are seeking in this writ petition. The petitioners, therefore, seek the following reliefs: “i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading Ext.P13 and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to grant higher grade to the petitioners in the category of Driver Police Constables counting the military service rendered by them prior to their entry in the Police Department. iii) declare that the petitioners are entitled to be granted higher grade and fixation of pay counting their military service in the Police Department. iv) declare that the petitioners herein, who are similarly situated like the petitioners in Exts.P7 to P9 judgments, are also entitled to be given similar benefit. v) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to grant higher grade and fixation of pay to the petitioners counting their military service as granted to the Police Constables who are covered by Exts.P10, P14, P5 and P16 orders.” 2. The learned Government Pleader submits that the Government has already decided to take up the Division Bench decision in Ext.P8 judgment in appeal before the Supreme Court and pending the said appeal, the petitioners cannot be given the benefits sought for in this writ petition. W.P.C. No. 36503/2010. -: 2 :- 3. I have considered the rival contentions in detail. 4. Ext.P8 judgment was passed as early as on 1.3.2010. As such, the respondents are bound by that judgment until the same is reversed in appeal or at least the same is stayed in appeal. Both have not happened so far. Therefore, the petitioners are entitled to the reliefs prayed for. Accordingly, this writ petition is allowed as prayed for. Orders in this regard shall be passed, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.