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.
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W.P(C). No. 24248 OF 2008
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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
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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