STATE OF KERALA Vs. PREMANALSALAN

JUDGEMENT

(1.) The writ petitioners in these cases are working as Police Drivers (Head Constables) in the armed reserve camp, Kannur. By Ext.P5 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.P5. The executive order dated 23-4-2004 read as follows:

(2.) The Government filed this appeal. In the appeal memorandum, the Government relied on the decision of a Division Bench of this Court in State of Kerala and Ors. v. Thrumeni M.S. and Ors.,2007 JLR 4 Kerala 374. That judgment was mainly on the question of time bar. Secondly it was relating to Police Constables. Even in the case of Police personnel a Division Bench of this Court in Lakshmanan v. State of Kerala,1995 1 KLT 115 found that inservice training rendered is to be taken as service. In appeal, the Hon ble Supreme Court accepted the above position in Civil Appeal No. 2018 of 2000. The Supreme Court observed as follows:

(3.) Rule 7 of the Special Rules in this case provides as follows: