IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 25585 of 2009(P) -------------------------- PETITIONER: --------------- K.KUNHAMMED, S/O. ABDU, KAMMANA HOUSE, MEPPAYOOR P.O., KOZHIKODE DIST. (POLICE CONSTABLE, PERUVANNAMOOZHI POLICE STATION, KOZHIKODE DISTRICT). BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, DISTRICT POLICE OFFICE, VATAKARA-5. 3. THE CIRCLE INSPECTOR OF POLICE, PERAMBRA, KOZHIKODE DISTRICT. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.25585 of 2009 -------------------------- Dated this the 16th September,2009 J U D G M E N T While in service as a Police Constable, the petitioner was convicted and sentenced in C.C No.83/2006 on the file of the JFCM, Perambra for the offence under Section 138 of the Negotiable Instruments Act. It seems that he was in jail for two days pursuant to the sentence imposed on him. But later, pursuant to the orders passed by the Appellate Court, he was enlarged on bail and criminal case was compounded as evidenced by Ext.P2 at the revisional stage pursuant to the permission granted by this Court. Petitioner then sought for reinstatement in service. Then pursuant to the direction issued by this Court in Ext.P3 judgment his request was considered and reinstated in service. He was reinstated only on 03.6.2008. He submits that the period when he was kept out of service on the basis of the conviction is liable to be treated as duty for all purposes. He refers to Rule 18(b) of Kerala Civil Services (Classification, Control and Appeal) Rules 1960 and the relevant provisions in Part I of K.S.R. W.P ( C) No.25585 of 2009 2 Petitioner may approach the Government with a claim for salary for the aforementioned period. If a representation is filed in this regard before the Government within one month from today, it shall be considered and appropriate decision taken within three months thereafter. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.25585 of 2009 3 W.P ( C) No.25585 of 2009 4