IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 833 of 2010(D) ---------------------------------- PETITIONER(S): ----------------------- J.DANIAL KUTTY, PEON, DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. BY ADV. SRI.MATHEW JAMES RESPONDENT(S): -------------------------- 1. THE ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C) NO. 833 OF 2010 ---------------------------------- Dated this the 1st day of February, 2010 JUDGMENT The petitioner is a peon working in the office of the 3rd respondent. As per Ext.P4 he was placed under orders of transfer to Government V.H.S.S Chunakkara. The grievance of the petitioner is that even prior to the issuance of Ext. P4 order of transfer, he filed an application for permitting him to retire voluntary, on 23.11.09. It is the contention of the petitioner that he had completed the required period of service for the purpose of seeking voluntary retirement prior to 23.11.2009. The said application was not so far been considered by the appointing authority on the ground that while sanctioning 23 years' grade to the petitioner with effect from 1.11.03, the period of leave without allowances was erroneously reckoned and as a consequence one increment from 1.11.03 was granted to him and his W.P.(C) NO. 833 OF 2010 2 pay was fixed at Rs.4,270/-. According to the respondents he was eligible only for a fixation of pay at Rs.4,190/- in the scale of pay of Rs. 3050-5230/-. 2. The learned Government Pleader, upon instructions, submitted that the contention of the petitioner that he had submitted an application for voluntary retirement is correct. At the same time, it is submitted that the said application was rejected by the 2nd respondent on the ground of wrong fixation of pay at the time of granting 23 years' grade to the petitioner. It is evident from Ext.P2 that against the objection of wrong fixation of pay by reckoning the period of leave without allowances while granting the 23 years grade he has submitted his explanation. Admittedly no order was passed there on after taking in to account his explanation made as per Ext.P2. However, I am of the opinion that pendency of that proceedings cannot be a reason for not considering the application submitted by the petitioner for voluntary retirement in accordance with law by the appointing authority, of course, without prejudice W.P.(C) NO. 833 OF 2010 3 to the right to continue with the steps taken based on Ext.P1. In this circumstance, there shall be a direction to the, 3rd respondent, the appointing authority of the petitioner, to consider the application submitted by the petitioner on 23.11.09 for voluntary retirement in accordance with law as expeditiously as possible, at any rate, within a period of one month from the date of receipt of copy of this judgment. It is made clear that this judgment will not stand in the way of the concerned authorities for continuing with the proceedings initiated as per Ext.P1. In that regard, it will only appropriate for the respondents concerned to consider the explanation submitted by the petitioner as per Ext.P2 and pass orders there on, expeditiously. The Writ Petition is accordingly disposed of. C.T.RAVIKUMAR, JUDGE. mns