IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 10584 of 2005(I) ---------------------------------- PETITIONER(S): ------------------------- N.SREEDHARAN S/O. KUNHAMBU NAMBIAR, SREYAS, MALLANNUR P.O., NIRMALAGIRI VIA, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, KANNUR. 3. THE DISTRICT COLLECTOR, KANNUR. 4. THE REVENUE DIVISIONAL OFFICER, THALASSERY. R1 TO R4 BY GOVERNMENT PLEADER MR.ARAVINDAKUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10854/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 3RD RESPONDENT DTD. 15.5.99. P2:- COPY OF THE LETTER SENT BY THE PETITIONER TO THE 3RD RESPONDENT DT. 8.6.99. P3:- COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE REVENUE COMMISSIONER DTD. 25.5.2000. P4:- COPY OF THE CHARGE MEMO ISSUED BY THE 3RD RESPONDENT DT. 16.12.99. P4(a):- COPY OF THE STATEMENT OF ALLEGATION DTD. 16.12.99. P5:- COPY OF THE SHOW- CAUSE NOTICE SENT BY THE 3RD RESPONDENT DTD. 15.10.01. P6:- COPY OF THE REPLY NOTICE SENT BY THE PETITIONER TO THE 3RD RESPONDENT DT. 8.11.01. P7:- COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 26.12.01. P8:- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE LAND REVENUE COMMISSIONER , TRIVANDRUM DT. 15.4.02. P9:- COPY OF THE ADDITIONAL COMMISSIONER , LAND REVENUE DTD. 8.1.03. P10:- COPY OF THE RE-FIXATION ORDER OF THE 2ND RESPONDENT DTD. 23.12.99. P11:- COPY OF THE LETTER SENT BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 17.11.04. P12:- COPY OF THE LAWYER NOTICE SENT BY THE PETITIONERS COUNSEL TO THE 2ND AND 3RD RESPONDENTS DT. 13.205. P13:- COPY OF THE REPLY SENT BY THE 3RD RESPONDENT DTD. 16.3.05. TRUE COPY P.S. TO JUDGE tss V.K.MOHANAN, J. ---------------------------------------- WPC. No.10584 OF 2005 ---------------------------------------- Dated, 13th day of August , 2009 JUDGMENT The petitioner, who was working as Junior Superintendnet in the Taluk office, Kannur, had retired on Superannuation on 31.12.2002. According to him, the entire terminal benefits were not given to him on his retirement. Therefore he approached this Court by preferring the above petition, with a prayer to quash Ext.P13 and for a direction, directing respondents 2 and 3 to reconsider Ext.P12 and to pay the petitioner the amount mentioned therein. 2. The State has filed counter affidavit denying all the allegations and averments contained in the writ petition. It is stated in the counter affidavit that the terminal surrender leave salary was sanctioned on 24.2.2003 on the basis of scale of pay of Rs.7850/-. It is stated that the arrears of Rs.8025/- was paid to the petitioner on 26.11.2003. It is also stated in para 12 of WPC 10584/05 -:2:- the counter affidavit that all the eligible dues were paid except the salary for 9.3.1999 on which date he was unauthorizedly absent, for which there was no leave at his credit for regularising the said unauthorised absence. 3. I have heard the learned counsel appearing for the petitioner as well as the learned Government Pleader. 4. In the light of the facts and circumstances involved in the case, I am of the opinion that the explanation offered by the department as seen from para 12 of the counter affidavit is not correct. It is an admitted fact that on the ground of unauthorized absence on 9.3.99, the petitioner was subjected to disciplinary proceedings on the basis of which certain penalties were imposed and, subsequently, it was found that the allegation was not correct and accordingly, the penalty imposed on the petitioner was set aside. That means, the allegation that he was absent on 9.3.99 unauthorizedly is found incorrect. Therefore the petitioner is entitled for the salary for that date. 5. The learned counsel pointed out that as claimed WPC 10584/05 -:3:- in Ext.P12, there is a mistake in calculating the terminal benefits to the petitioner. According to the petitioner, the benefit was calculated taking salary at Rs.7850/- instead of Rs.8025/-. So, according to the counsel for the petitioner, because of that mistake and under that count, a sum of Rs.12,604/- is due to the petitioner. There is nothing on record to show that the above aspects were brought to the notice of the authorities concerned except Ext.P12 lawyer notice caused to send by the petitioner. 6. In the light of the above facts, I am of the view that the writ petition can be disposed of with appropriate directions. In the result, the writ petition is disposed of directing the respondents to disburse a sum of Rs.481/- to the petitioner being the salary for the date 9.3.99. The petitioner is directed to file a detailed representation before the Ist respondent, setting out his claim and split up details of the amount of Rs.12604/- as claimed by him in Ext.P12 under item No.4, within one month from the WPC 10584/05 -:4:- date of receipt of a copy of this judgment, and, the Ist respondent in turn is directed to dispose of such representation within three months from the date of receipt of such representation, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of with the above direction. V.K.MOHANAN, JUDGE kvm/- WPC 10584/05 -:5:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..