IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 32480 of 2008(N) -------------------------- PETITIONER(S): --------------- K.A. WILSON, S/O.K.M.ANTONY, TREASURER, SUB TREASURY, ADIMALY BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TREASURIES, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT TREASURY OFFICER, IDUKKI. 4. THE SUB TREASURY OFFICER, ADIMALI. BY GOVT. PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 32480 of 2008 ------------------------------- Dated this the 5th November, 2008. J U D G M E N T Heard Sri.P.R.Ramachandra Menon, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, who is presently working as Treasurer in the Department of Treasuries, was convicted of a criminal charge and that lead to his dismissal from service. Ext.P1 is the order issued in that regard by the Director of Treasuries on 28.2.2004. The judgment of conviction was set aside by the Apex Court and the petitioner was acquitted. Thereupon, Ext.P2 order was passed on 19.5.2008 revoking Ext.P1 and dropping all proceedings against the petitioner. Pursuant to Ext.P2, the petitioner was also reinstated in service with effect from 17.9.2003, the date with effect from which he was dismissed from service by Ext.P1 order. The petitioner's grievance is that the period from 17.9.2003 to 19.5.2008 has not W.P.(C) No.32480/2008 2 been regularised and he has not been paid salary and allowances for the said period. The petitioner has, in Ext.P5 representation, claimed reliefs in that regard and also sought promotion to higher posts. 3. The pleadings disclose that the petitioner was reinstated in service only in May, 2008, though with effect from 17.9.2003. The competent authority is yet to take a final decision regarding the regularisation of the period during which the petitioner was out of service. Since the competent authority have already taken a decision not to pursue the matter further, they are bound to pass expeditious orders regarding the manner in which the period during which the petitioner was out of service is to be regularised. The petitioner has moved the Director of Treasuries seeking his intervention in the matter and has also claimed certain other reliefs. At least in the first instance, the Director of Treasuries should bestow attention to the request made by the petitioner in Ext.P5, and in my opinion, the matter cannot be indefinitely delayed. W.P.(C) No.32480/2008 3 In these circumstances, I dispose of the Writ Petition with a direction to the second respondent, the Director of Treasuries, to consider the request made by the petitioner in Ext.P5 and pass orders thereon, after affording him a reasonable opportunity of being heard. Orders on Ext.P5 shall be passed within three months from the date on which petitioner produces a certified copy of this judgment. Needless to say, it will be open to the petitioner to supplement Ext.P5 representation by filing an additional representation. P.N.RAVINDRAN, JUDGE nj.