Kerala High Court
Vijayaraj T vs State Of Kerala on 8 December, 2023
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA,
1945
OP(KAT) NO.543 OF 2023
PETITIONER/APPLICANT:
VIJAYARAJ T., AGED 60 YEARS,
S/O. LATE THOMPSON J., ASSISTANT COMMANDANT
OF POLICE (RETD.), RESIDING AT T C 7-270-2,
VEERANAKAVU, MATTOM, ULLOOR-AAKKULAM ROAD,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,
PIN - 695010.
BY ADVS.
P.M.JOSEPH
R.S.HARI KUMAR
P.S.SAJEEV (CHIRAYIL)
ASWANI V. DEV
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 STATE POLICE CHIEF, POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695010.
BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(KAT) No.543/2023 2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioner was unsuccessful before the Tribunal.
He was a police officer who was suspended from service
pending enquiry in 1996. Later, turned out that the
complaint against him was false and departmental
proceedings against him were also dropped. He ought to
have joined the duty on 02.02.2000 but he joined duty on
5.7.2003. According to him, he was unable to face his
colleagues in Thiruvananthapuram and that was the reason
he remained absent. He approached this Court in
O.P.No.3627/2002. Based on that he was allowed to join
duty at A.R.Camp, Kollam on 05.07.2003. He applied for
regularisation of his absence from 02.02.2000 to
04.07.2003. That was considered by the Government. The
Government rejected his request for regularisation. He
filed another writ petition before this Court as W.P.(C)
No.20178/2005. The learned Single Judge allowed the said
writ petition to treat the period as an eligible leave.
Consequently, he was also promoted. The State came up
before the Division Bench in Writ Appeal No.1360/2011. In
the writ appeal, this Court found that there was no
justification for regularising the period of absence as
eligible leave. The petitioner moved the Apex Court and
the Apex Court did not interfere with the Division Bench
judgment.
2. The petitioner retired from the service on
31.5.2017. Thereafter, he approached the Government to
treat the period of absence atleast for reckoning pension.
The District Police Chief, Thiruvananthapuram, also made a
recommendation noting that the petitioner was an honest
and industrious police officer and his family had to face
many adversity due to financial circumstances in which
they were placed on account of false complaint against
him. The Government rejected the request by a cryptic
order.
3. The Tribunal, noting the earlier Division Bench
judgment, was of the view that the petitioner cannot claim
for regularisation of the period of absence as eligible
leave and accordingly, dismissed the application filed by
the petitioner challenging the Government order. This is
how the petitioner is before us.
4. We heard the learned counsel for the petitioner,
Sri.P.M.Joseph and the learned senior Government Pleader.
5. We note the appreciation of the District Police
Chief. The petitioner was proceeded with departmental
proceedings admittedly on false complaint. It is true that
he remained absent from 02.02.2002 to 04.07.2003. The
court cannot order to treat the period of absence as
eligible leave. But nothing prevents the Government from
ordering regularisation of the period for the pensionary
benefits atleast taking note of the petitioner's
professional conduct in the service. In view of the fact
that the Government had not adverted the recommendation of
the District Police Chief, we are of the view that the
Government is free to pass appropriate orders in this
matter after adverting to the petitioner's conduct in the
service for regularization to claim pension. Accordingly,
the original petition is allowed to the limited extent,
setting aside Ext.A7 for reconsideration by the Government
within a period of three months after hearing the
petitioner.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
ln
APPENDIX OF OP(KAT) 543/2023
PETITIONER'S ANNEXURES:
ANNEXURE-A1 TRUE COPY OF THE LETTER NO. G3(D)-
8286/2015/T DATED 19.06.2015 SUBMITTED BY
THE DIST. POLICE CHIEF,
THIRUVANANTHAPURAM RURAL TO THE 1ST
RESPONDENT.
ANNEXURE-A2 TRUE COPY OF THE REPORT SUBMITTED BY THE
ASST. COMMISSIONER OF POLICE DATED
06.10.2015 TO THE DIST. POLICE CHIEF,
THIRUVANANTHAPURAM CITY.
ANNEXURE -A3 TRUE TYPED COPY OF THE LETTER
NO.A3/153471/2014 DATED 03.03.2016
SUBMITTED BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT.
ANNEXURE-A4 TRUE COPY OF LETTER NO.A7-58005/2017/PHQ
DATED 01.03.2018 SUBMITTED BY THE 2ND
RESPONDENT TO THE 1ST RESPONDENT.
ANNEXURE-A5 TRUE COPY OF G.O.(RT) NO.3796/2018/HOME
DATED 27.12.2018 ISSUED BY THE 1ST
RESPONDENT.
ANNEXURE-A6 TRUE COPY OF THE REVIEW PETITION
SUBMITTED BY THE APPLICANT DATED
25.02.2019 BEFORE THE 1ST RESPONDENT.
ANNEXURE-A7 TRUE COPY OF ORDER NO.K1/53/2018-HOME
DATED 13.06.2019 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT-P1 TRUE COPY OF THE MEMORANDUM OF O.A.
NO.653/2020 DATED 15.05.2020 ALONG WITH
ITS ANNEXURES.
EXHIBIT-P2 TRUE COPY OF THE REPLY STATEMENT ON
BEHALF OF THE 1ST RESPONDENT IN O.A.
NO.653/2020 DATED 03.06.2022.
EXHIBIT -P3 TRUE COPY OF THE REJOINDER FILED BY THE
PETITIONER/APPLICANT IN O.A. NO.
NO.653/2020 DATED 30.08.2022 AGAINST THE
REPLY STATEMENT FILED BY THE 1ST
RESPONDENT.
EXHIBIT -P4 CERTIFIED COPY OF THE ORDER IN O.A.
NO.653/2020 ON 05.10.2023 OF THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT-P5 TRUE COPY OF THE REFER CHARGE SHEET IN
CRIME NO.277/1994 OF KATTAKKADA POLICE
STATION SUBMITTED BEFORE THE JFCM,
KATTAKKADA DATED 02.06.1999.
EXHIBIT-P6 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED
BY THE SHO, AYARKUNNAM POLICE STATION
BEFORE THE ASSISTANT COMMISSIONER OF
POLICE, DISTRICT SPECIAL BRANCH,
THIRUVANANTHAPURAM CITY DATED 10.01.2017.
EXHIBIT-P7 TRUE COPY OF THE ENQUIRY REPORT VIDE
NO.H1-35255/2017/TC DATED 15.02.2018 OF
THE DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM CITY.
EXHIBIT-P8 TRUE COPY OF THE JUDGMENT IN SPECIAL
LEAVE TO APPEAL (CIVIL) NO.35814/2012
DATED 19.08.2013 OF THE HON'BLE SUPREME
COURT.
