High Court Kerala High Court

C.L.Antony vs State Of Kerala on 12 August, 2008

Kerala High Court
C.L.Antony vs State Of Kerala on 12 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24248 of 2008(J)


1. C.L.ANTONY, CIRCLE INSPECTOR OF POLICE
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE ACCOUNTANT GENERAL (A & E),

                For Petitioner  :SRI.T.R.RAJESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :12/08/2008

 O R D E R
                         P.N.RAVINDRAN, J.
                   --------------------------
                     W.P(C). No. 24248 OF 2008
                   --------------------------
                 Dated this the 12th August, 2008.

                             JUDGMENT

The petitioner was promoted as Circle Inspector of Police by

order passed on 23.8.1990. While he was serving as Circle

Inspector of Police, he was granted first time bound higher grade,

on completion of ten years of service. He was placed under

suspension by order dated 6.9.1997. An enquiry into the charges

was held and the punishment of compulsory retirement from service

was imposed on him. The petitioner challenged the order imposing

punishment in O.P. No: 4826 of 2002. The Original Petition was

allowed and the order imposing the punishment of compulsory

retirement was set aside. The State carried the matter in appeal.

By Ext.P4 judgment delivered on 25.5.2005 in W.A. No: 1943 of

2003 a Division Bench of this Court upheld the judgment of the

learned Single Judge. The petitioner had, in the meanwhile, attained

the age of superannuation on 28.2.2003. Long thereafter, the

Government, in implementation of Ext.P4 judgment issued Ext.P5

order dated 25.9.2006, cancelling the order of compulsory

WPC 24248/08 2

retirement. The grievance voiced by the petitioner is that

notwithstanding Ext.P4 judgment and Ext.P5 order, he has not been

given service benefits including the second and third time bound

higher grade promotions. The petitioner also submits that the

period of suspension and the period during which he was out of

service have not been regularised. It is also submitted that his

terminal benefits were fixed and paid ignoring his entitlement for

the second and third time bound higher grade promotions. The

petitioner has submitted Ext.P11 representation dated 2.4.2008

before the Principal Secretary to Government, Home Department

setting out his grievances and claiming the said benefits. When this

writ petition came up for admission today, learned counsel for the

petitioner submitted that for the time being the petitioner is not

pursuing reliefs (a) to (e) and that the writ petition may be disposed

of with a direction to the first respondent to consider and pass

orders on Ext.P11 within a time limit to be fixed by this Court.

2. I have heard Shri. T.R.Rajesh, the learned counsel

appearing for the petitioner and Smt. N. Sudha Devi, the learned

Govt. Pleader appearing on behalf of the respondents. In the light

of Ext.P4 judgment of this Court and Ext.P5 Order passed by the

WPC 24248/08 3

Government, the claims raised by the petitioner in Ext.P11, merit

consideration at the hands of the first respondent. The grievance

voiced by the petitioner in Ext.P11 has not been considered till date.

At least in the first instance a decision as regards the various claims

raised by the petitioner in Ext.P11 have to be adjudicated upon and

decided by the State Government. The petitioner was placed under

suspension on 6.9.1997 and he attained the age of superannuation

on 28.2.2003. In the interregnum the punishment of compulsory

retirement was also imposed on him. That punishment was later

set aside and the award of punishment now stands cancelled by

Ext.P5 order. Having regard to the totality of the facts and

circumstances of the case, I am of the considered opinion that the

ends of justice will be met if the grievances voiced by the petitioner

in Ext.P11 are considered by the first respondent.

3. I therefore dispose of this writ petition with a direction to

the first respondent to consider Ext.P11 and pass orders thereon,

after notice to and affording the petitioner an opportunity of being

heard in person, within a period of three months from the date on

which the petitioner produces a certified copy of this judgment,

along with a copy of the writ petition. After considering Ext.P11, if

WPC 24248/08 4

it is found that the petitioner is entitled to monetary benefits, the

same shall be disbursed to him without delay and in any case within

a further period of two months from the date on which orders are

passed on Ext.P11. The claims and contentions of the petitioner

are left open and if he is aggrieved by the order passed on Ext.P11

it will be open to him to challenge the same in other appropriate

proceedings. The Writ Petition is disposed of accordingly.

P.N.RAVINDRAN, JUDGE

jj