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2008 Supreme(Ker) 277

J.B.KOSHY, P.N.RAVINDRAN
State Of Kerala – Appellant
Versus
Premavalsalan – Respondent


Advocates Appeared: For the Appellants :Benny Gervaris, Government Pleader. For the Respondents:S. Radhakrishnan, Advocate.

Judgment :-

Koshy, J.

The writ petitioners in these cases are working as Police Drivers (Head Constables) in the Aimed Reserve Camp, Kannur. By Ext. P-5 order, the Government excluded the training period from the service. The learned Single Judge based on an executive order dated 23-4-2003 issued by the Director General of Police set aside Ext. P-5. The executive order dated 23-4-2004 reads as follows:

"In the above circumstances the period of in service training (imparted soon after recruitment) will have to be counted as ‘Service for all purposes (except for probation). Therefore it is now clarified that the period of training of directly recruited drivers will be counted for the purpose of increment and higher grade.

Cases of those Drivers whose increments and higher grades were revised in accordance with PHQ letter dated 8-5-2000 (referred 2nd above) will be refixed as ordered above. Meanwhile the Govt. is being addressed to amend para 8 of the Rules in respect of probation."

Relying on that, the learned Single Judge held that the service training undergone should be treated as part of the service.

2. The Government filed this appeal. In the appeal memorandum, the Government rel





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