IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 37359 of 2008(V) --------------------- PETITIONER : --------------------- A.BASHEER, (RETIRED DRIVER HCT 6301, O/O.THE SUPERINTENDENTOF POLICE, CB CID, SIG I, MUTTADA, THIRUVANANTHAPURAM), AL AMEEFA MANZIL, HOUSE NO.76, N.S.P.NAGAR, KESAVADASAPURAM, PATTOM.P.O., THIRUVANANTHAPURAM-4. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI. VARUN R. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN-695014. 3. SYPERINTENDENT OF POLICE, CB CID, SIG I, MUTTADA, THIRUVANANTHAPURAM, PIN-695 025. 4. ACCOUNTANT GRENERAL (A&E), KERALA, THIRUVANANTHAPURAM, PIN – 685 039. R1 TO R4 BY GOVT. PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 37359 of 2008(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE G.O.(MS) NO. 238/2002/(122)/FIN. DATED 19.4.2002. EXT.P2 : COPY OF THE G.O.(MS) NO. 192/2003/(133)/FIN. DATED 1.4.2003. EXT.P3 : COPY OF THE G.O.(RT) NO. 3432/07/HOME DATED 14.12.2007. EXT.P4 : COPY OF THE ORDER NO. A1-767 CBSIG 1/08(SO NO. 22/08) DATED 19.3.2008 OF THE 3RD RESPONDENT. EXT.P5 : COPY OF THE ORDER NO. A1-824/FSL/2007 (SO NO.53/2007) DATED 4.10.2007 OF THE DIRECTOR, FORENSIC SCIENCE LABORATORY. EXT.P6 : COPY OF THE PETITION DATED 28.10.2008 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P7 : COPY OF THE VERIFICATION REPORT DATED 16.9.2009 OF THE 4TH RESPONDENT ADMITTING PENSIONARY BENEFITS TO SRI. THULASEEDHARAN G. EXT.P8 : COPY OF THE LETTER NO. PR1250 036649/P-3/2/1508042102/361 DATED 6.3.2009. EXT.P9 : COPY OF THE LETTER NO.A2/6716/Cr/08 DATED 22.12.2010 ADDRESSED TO THE ACCOUNTANT GENERAL (A&E), KERALA. EXT.P10 : COPY OF THE JUDGMENT DATED 20.10.2010 IN WP(C) NO. 8963 OF 2009(M) OF THIS HON'BLE COURT. EXT.P11 : COPY OF EXT.P7 IN WP(C) NO. 8963/2009-M. EXT.P12 : COPY OF EXT.P10 IN WP(C) NO. 8963/2009-M. EXT.P13 : COPY OF EXT.P12 IN WP(C) NO. 8963/2009-M. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37359 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2011 J U D G M E N T The petitioner is a Head Constable Driver in the office of the Superintendent of Police, Crime Branch CID, SIG I, Thiruvananthapuram who retired from service on superannuation on 31.05.2007. He is aggrieved by Ext.P4 order by which the petitioner was deprived of the benefits he was enjoying consequent on sanctioning of higher grade and fixation of pay and recovery of alleged excess amount drawn by him, were ordered. The petitioner submits that similarly placed persons have been given benefits which the petitioner is now seeking as evidenced by Exts.P8, P10, P11 & P12 as also Ext.P5. However the petitioner submits that for the present, he will be satisfied if the 2nd respondent considers the question as to whether or not the petitioner is similarly placed like the petitioners covered by Exts.P5, P8, P10, P11 & P12 so as to enable him to draw the retirement W.P.(C)No.37359 of 2008 -2- benefits like the persons covered by those exhibits and passes appropriate orders on the petitioner's claim within a fixed time. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider whether or not the petitioner is similarly placed like the persons covered by Exts.P5, P8, P10, P11 & P12 so as to enable him to draw retirement benefits like the persons covered by those exhibits and pass appropriate orders on the claim as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. If the 2nd respondent upholds the claim of the petitioner, arrears of benefits shall be disbursed to the petitioner within one month therefrom. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/