IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 24155 of 2010(T) -------------------------- PETITIONER(S): --------------- 1. JAYAKUMAR A., DRIVER, P.C.T-3401, HQ COMPANY, A.R.CAMP, THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 2. RAMAKRISHNA PILLAI A., DRIVER, P.C.T-2853, HQ COMPANY, A.R.CAMP, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 3. ANIL KUMARAN NAIR.B., DRIVER, P.C.T-3450 HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 4. BENNY THOMAS, DRIVER, P.C. T-3449, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 5. SASI KUMAR.V., DRIVER, P.C. T-4165, S.C.R.B., THIRUVANANTHAPURAM. 6. K.RAJAGOPAL, DRIVER H.C. T-9721, S.C.R.B. THIRUVANANATHAPURAM. 7. BABU.G., DRIVER, H.C. T-2343, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 8. JAYACHANDRAN.S.P., DRIVER, P.C. T-2796, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 9. RAGHUVARAN.K., DRIVER P.C. T-3470, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANATHAPURAM. WPC NO.24155/2010 10. RAJAN.S., DRIVER, H.C. T-2482, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 11. CHANDRA KUMAR.K DRIVER H.C. T-2348, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 12. L.YESUDAS DRIVER, P.C. T-4141, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 13. V.GOPA KUMAR, DRIVER, P.C. T-3845, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 14. BALARAJ.J., DRIVER, H.C. T-1646, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 15. J.SURESH KUMAR,DRIVER T.C. T-3451 HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM 16. A.SURESH KUMAR, DRIVER, P.C. T-3453, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 17. S.MADHUSOODHANAN NAIR, DRIVER, H.C. T-3083, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 18. KARUNAKARAN NAIR.S., DRIVER,P.C. T-3842, C.B. C.I.D., HHW-1, THIRUVANANTHAPURAM. 19. MADHUSOODHANAN NAIR.R, DRIVER, P.C. T-3445, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 20. SATHEESHKUMAR.V.S.,DRIVER,P.C.T-2854, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 21. JALAJA KUMAR NAIR.S.,DRIVER, H.C.T-2278, C.B.CI.D. (SR) OCWCSO) THIRUVANANTHAPURAM. 22. PRADEEP KUMAR.S., DRIVER, P.C. A-5499, C.B.C.I.D., HHW-1, THIRUVANANTHAPURAM. WPC NO.24155/2010 23. R.VIJAYA KUMAR, DRIVER, P.C. T-2410, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 24. K.SAJIKUMAR, DRIVER, P.C. T-4268, C.B.CI.D., EOW-1, KOLLAM. 25. K.RAJASENAN NAIR, DRIVER, H.C.T-1636 HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 26. R.VENUGOPALAN NAIR, DRIVER P.C. T-3448, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 27. N.RAMACHANDRAN NAIR, DRIVER P.C.T-3430, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 28. G.SREEKUMAR, DRIVER, P.C. T-3114, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 29. G.SIVAN CHETTIYAR, DRIVER, P.C. T-3429, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 30. RAMAKRISHNA PILLAI.N.K., DRIVER, H.C. T-3093, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. 31. A.SREEKANTAN, DRIVER, H.C. T-1661, HQ COMPANY, A.R.CAMP,THIRUVANANTHAPURAM CI TY, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANATHAPURAM - 69 5 001. 3. THE COMMISSIONER OF POLICE, THIRUVANATHAPURAM CITY, THIRUVANATHAPURAM - 69 5 001. WPC NO.24155/2010 4. THE INSPECTOR GENERAL OF POLICE, S.C.R.B,THIRUVANATHAPURAM - 6 95 001. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE, C.B.C.I.D.(SR) (OCWCSO), THIRUVANATHAPURAM - 695 001. 6. THE SUPERINTENDENT OF POLICE, C.B. C.I.D., HHW-1,THIRUVANATHAPURAM - 695 001. 7. THE SUPERINTENDENT OF POLICE, C.B. C.I.D., E.O.W-1, KOLLAM, PIN - 694 001. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, ALONG WITH WP(C) NO.24202/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.24155 (T) & 24202 (A) of 2010 --------------------------------- Dated, this the 3rd day of August, 2010 J U D G M E N T The petitioners are working as Driver Head Constables, Driver Police Constables and Police Constables. Their claim is that military services rendered by them should be reckoned for grant of Higher Grade. They are relying on Exts.P7 to P9 judgments of this Court, where according to them, similar claim has been upheld by this Court. It is also their contention that by Ext.P10 order, the respondents have implemented the directions of this Court in the judgments referred to above and extended the benefits to the petitioners therein. Claiming such benefit, representations have been made by the petitioners herein and orders thereon have not been passed. It is in these circumstances, these writ petitions have been filed. 2. Having regard to the above, these writ petitions are disposed of directing disposal of the representations in the manner as directed hereunder. 3. Insofar as the petitioners in WP(C) No.24155/2010 are WP(C) Nos24155 & 24202/2010. -2- concerned, it is stated that Exts.P11 to P11(4), P11(7) to P11(11), P11(13) to P11(17), P11(19), P11(20) and P11(25) to P11(31) are pending before the 2nd respondent, the Director General of Police. It is also stated that Exts.P11(5) & P11(6) are pending before the 4th respondent, the Inspector General of Police, SCRB, Thiruvananthapuram, and Exts.P11(18) & P11(22) are pending before the 6th respondent, the Superintendent of Police, CBCID, HHW-1, Thiruvananthapuram, and Exts.P11(21), P11(23) & P11(12) & P11(24) are pending before respondents 5 & 7, the Deputy Inspector General of Police, CBCID (OCWCSO), Thiruvananthapuram & the Superintendent of Police, CBCID, EOW-1, Kollam respectively. 4. Insofar as the petitioners in WP(C) No.24202/2010 are concerned, it is stated that Exts.P11 to P11(31) are pending before the 2nd respondent herein and Ext.P14 is pending before the 5th respondent. Insofar as petitioner No.33 in the writ petition is concerned, initially the benefit was granted, but however the same was recalled by Ext.P13 order dated 21/08/2008. Since it is obvious that Ext.P13 order was issued without adverting to Exts.P7 to P10 referred to above, the matter deserves to be reconsidered. WP(C) Nos24155 & 24202/2010. -3- Therefore, Ext.P13 is quashed. The aforesaid respondents are directed to consider the representations mentioned above, if these are pending before them, and pass orders thereon, duly adverting to Exts.P7 to P10 referred to above, and as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment, along with a copy of the writ petitions. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg