IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 11437 of 2011(D) -------------------------- PETITIONER(S): --------------- JALALUDEEN.E, RETIRED NON MEDICAL SUPERVISOR, LEPROSY SANATORIUM, NOORANAD, (ANCHUMOOLAYIL HOUSE, LEPROSY SANATORIUM (PO), ALAPPUZHA DISTRICT). BY ADV. SRI.K.SASIKUMAR SMT.T.SUDHA DEVI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH, ALAPPUZHA. 4. SUPERINTENDENT, LEPROSY SANATORIUM, NOORANAD, ALAPPUZHA DISTRICT. 5. DISTRICT MEDICAL OFFICER OF HEALTH, KANHANGAD, KASARAGOD DISTRICT. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 11437 of 2011 ================== Dated this the 8th day of April, 2011 J U D G M E N T The petitioner joined the service of the Department of Health of Government of Kerala as Leprosy Health Visitor on 20.3.1975 and retired on 30.4.2005, as a Non Medical Supervisor from the Leprosy Sanatorium at Nooranad. In between, allegedly on account of mental disorder, the petitioner was unauthorisedly absent for a long time. But the petitioner was later allowed to join duty and he retired on 30.4.2005. but the period of unauthorised absence has not been regularised yet and the petitioner has not been sanctioned his retirement benefits also. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; “(i) To issue a Writ in the nature of mandamus directing respondents 1 and 2 to regularise the period of petitioner's absence from service by treating the period as leave without allowance on Medical grounds; (ii) To issue a Writ in the nature of mandamus directing respondents 1 to 4 to pay to the petitioner his arrears of service pay and allowances giving appropriate pay fixations, terminal benefits like monthly pension with arrears, Provident Fund amount, Gratuity, Pension Commutation etc., immediately; (iii) To issue a Writ in the nature of mandamus directing respondents to pay penal interest for the delay caused in payment of the arrears of service and Pensionary benefits due to the petitioner; (iv) To issue a Writ in the nature of mandamus directing 1st respondent to consider and pass orders on Ext.P8 representation immediately.” 2. But, for the present, the petitioner would be satisfied if the 1st w.p.c.11437/11 2 respondent considers and passes orders on Ext.P8 expeditiously. 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.P8, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge