IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 1236 of 2011(D) ------------------------- PETITIONER(S): --------------- DR.T.K.KADEEJA,RETIRED ASSISTANT SURGEON C.H.C,KUTTIPPURAM,SHAMSULKHAIL,ANNARA NORTH, TIRUR-676101,MALAPPURAM DISTRICT. BY ADV. SRI. E.S.M. KABEER RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.695001 2. THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM.695 001 3. THE ACCOUNTANT GENERAL(A&E),KERALA, TRIVANDRUM. 695 001 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1236 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011 J U D G M E N T The petitioner retired from service as an Assistant Surgeon on 31.10.2008 after putting in service of 20 years 7 months and 11 days in the department of Health Services of the Government of Kerala. But during the period of service the petitioner had availed of leave without allowances for 10 years between the period from 31.08.1989 to 20.12.1990. According to the petitioner, as per Ext.P1, leave was sanctioned in relaxation of Ext.P2 Government order dated 18.09.1984. The 3rd respondent by Ext.P4 forfeited the period of leave and the same was not reckoned for service pension. According to the petitioner, the petitioner is entitled to count the period of leave without allowances also for pension. Even apart from that he would contend that even without counting the leave without allowances the petitioner had put in more than 10 years of service and therefore the petitioner is eligible W.P.(C)No. 1236 of 2011 -2- for pension. Seeking these reliefs, the petitioner has filed Ext.P5 representation the corrected version of which has been produced along with I.A. No.1126/2011. The petitioner has also forwarded a fresh copy of the same after filing of the writ petition. The petitioner now confines his relief for a direction to the 1st respondent to consider and pass orders on Ext.P5 representation as expeditiously as possible. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/