IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13600 of 2010(Y) -------------------------- PETITIONER(S): --------------- P.P.RADHAMANI, W/O.LATE K.P.BHASKARA PILLAI, EZHUMAVIL VEEDU, KUDAYAMPADI, KOTTAYAM-686 027. BY ADV. SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.R.SRINATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 010. BY G.P.SRI.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.13600 of 2010 -------------------------------------- Dated 23rd April, 2010 JUDGMENT The petitioner is the wife of a Head Constable (Driver)who died while in service in Armed Reserve, Kottayam on 26.10.1989. 2. The petitioner's husband was initially recruited to the III Battalion of the Malabar Special Police. After the Malabar Special Police was disbanded, he was absorbed in the Central Reserve Police Force. After he completed his tenure in the Central Reserve Police Force, he was absorbed in the State Police and while in service in the State Police, he passed away on the date mentioned above. 3. In this writ petition, the petitioner claims, relying on Ext.P1 judgment of this Court and Exts.P2 and P3 Government orders and Ext.P4 order issued by the Director General of Police that the service rendered by her husband in the III Battalion of the Malabar Special Police and in the Central Reserve Police Force should be reckoned for the purpose of service benefits including pay and allowances, promotions and pensionary benefits. She submits that in the light of the authoritative pronouncement of this Court in Ext.P1 judgment her husband is entitled to get similar treatment as he is similarly placed as the petitioners in the original petition which was WP(C).No.13600/2010 2 disposed of by Ext.P1 judgment. The petitioner states that she has submitted Ext.P5 representation before the Director General of Police seeking the said relief. In Ext.P5, she has also referred to and relied on the directions issued by this Court in W.P.(C)No.28917 of 2007 and other cases to consider similar requests. 4. I heard Sri.B.Raghunathan, the learned counsel appearing for the petitioner and Sri.T.K.Aravind Kumar Babu, the learned Government Pleader appearing for the respondents. It is brought to my notice that besides the direction issued in W.P.(C) No.28917 of 2007, this Court had as per judgment delivered on 13-11- 2007 in W.P.(C)No.33276 of 2007 and Ext.P6 judgment delivered on 25.5.2009 in W.P.(C)No.14216 of 2009 considered identical requests from similarly placed persons and disposed of the said writ petition with a direction to the Director General of Police to consider the request made by the petitioners in their representations and pass orders thereon in the light of Ext.P1 judgment, Exts.P2 and P3 Government orders and Ext.P4 order passed by the Director General of Police himself. 5. Having heard the learned counsel appearing on either side, I am of the considered opinion that the petitioner herein is also entitled to similar reliefs in the matter. In the result, this writ petition WP(C).No.13600/2010 3 is disposed of in the following terms: i) The second respondent shall consider Ext.P5 as also the details furnished by the petitioner in the writ petition filed by her and take an appropriate decision thereon, in the light of Ext.P1 judgment, Exts.P2 and P3 Government orders and Ext.P4 order passed by himself. (ii) If the petitioner's husband is found to be similarly situated, appropriate action shall be taken to see that a similar treatment is meted out to him.. (iii) The entire process shall be completed within a period of six months from the date of receipt of a certified copy of this judgment along with a copy of this writ petition from the petitioner. P.N.RAVINDRAN Judge TKS