IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 24643 of 2004(H) -------------------------- PETITIONER(S): --------------- 1. K.V. BALACHANDRAN, H.C.3998, D.COY.ARMED RESERVE CAMP, KANNUR. 2. P.K. LUCKOSE, P.C.3967, TOWN POLICE STATION, KANNUR. BY ADV. SRI.V.C.JAMES SRI.SERGI JOSEPH THOMAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVENMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, TRICHUR. 4. THE SUPERINTENDENT OF POLICE, KANNUR. GOVERNMENT PLEADER T.K.VIPINDAS FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1: True copy of suspension order G.O.(Rt) No. 1488/96/Home dated 28.6.1996 Ext.P2: True copy of charge memo No. A2/6707/97/C.R. Dated 10.7.1997 issued to the 1st Petitioner. Ext.P3: True copy of the charge memo dated 10.7.1997 issued to the 2nd petitioner. Ext.P4: True copy of G.O.(Rt) No. 927/2003/Home dt.19.05.2003. Ext.P5: True copy of D.O. No. 496/2003 dated 26.6.2003 issued by the 4th respondent. Ext.p6: True copy of D.O. No. 514/03C dated 8.7.2003. Ext.P7: True copy of G.O. Rt No. 2257/2003/Home dated 21.11.2003. Ext.P8: True copy of representation dated 12.1.2004 submitted by the 1st petitioner before the Hon'ble Chief Minister of Kerala. Ext.P9: True copy of representation dated 12.1.2004 submitted by the 2nd petitioner before the Hon'ble Chief Minister of Kerala //True copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.24643 of 2004 ---------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The petitioners working in the Armed Reserve Camp at Kannur, were on duty on 25.11.1994 near Koothuparamba Co-operative Society in connection with a function attended by the then Minister for Co- operation. A serious law and order situation occurred and that ended in the firing by the police party in which five persons died. Consequently the petitioners were suspended from the service. 2. According to the counsel for the petitioners as per Exts.P4, P5 and P6 the petitioners were fully exonerated from the charges levelled against them. According to him the issuance of Ext.P7 Government Order regularising the suspension period of the petitioners as duty for all purposes except for salary and allowances which will be limited to subsistance allowance already drawn is not justifiable. 3. Sri.Abdul Hakkim Bathery who is one among the suspended police Officers approached this Court and filed Writ Petition No. 11599/2004 for the very same reliefs and seeking to quash the very same Government Order i.e Ext.P7 herein. By judgment dated 28.7.2008 this Court considered the questions, allowed the said writ petition,quashed the said Government Order and directed the respondents to disburse to the petitioner therein the pay and allowances due to him less any amount W.P.(C) No. 24643 of 2008 -2- already disbursed to him. In the said judgment this Court also opined that the direction to regularise the period of suspension as duty for all purposes but restricting the pay and allowances does not seem to be justified. In the light of the judgment dated 28.7.2008 in writ petition No. 11599/2004 the petitioners herein are also entitled to the reliefs as prayed for. Accordingly this writ petition is allowed. Ext.P7 is quashed. There will be a direction to the respondents to pay petitioners' pay and allowances due to them less any amount already disbursed . The amount due to the petitioners shall be disbursed within 3 months from the date of receipt of a copy of this judgment . (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C).No.24463 of 2008 ---------------------------- JUDGMENT 27th March, 2009