IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 2884 of 2011(I) ------------------------------------ PETITIONER: ------------------- USMAN.P, PANOLY HOUSE, CHANDAKUNNU P.O., NILAMBUR, MALAPPURAM DISTRICT, (UD CLERK RETIRED FROM GVHSS MAKKARAPARAMBA). BY ADV. SRI.P.SAMSUDIN. RESPONDENTS: ------------------------ 1. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.2884 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner is aggrieved by the non-disbursement of salary arrears as well as retirement benefits. 2. The petitioner entered Government service on 6.1.1994 as a Lower Division Clerk. He was working in the Vocational Higher Secondary School, Nilambur, Malappuram District. He was granted leave without allowance for better employment abroad from 31.10.2005 to 30.4.2008 as per Exhibit P1 order and he availed the leave also. On the expiry of the leave period, he could not join back allegedly since his employer abroad did not relieve him. After some time, he came back and rejoined duty on the forenoon of 1.4.2009. In the meanwhile he applied leave for the overstayal period also. It is pointed out that in the meanwhile the respondents initiated disciplinary action and memo charges was issued and the petitioner was relieved. But, later he was reinstated as per Exhibit P4 order and he joined duty on 18.8.2009. The disciplinary action was finalised by imposing a punishment of barring of increments for six months. W.P.(C)No. 2884/11 -2- The petitioner in the meanwhile moved the Government for converting the period of overstay from 1.5.2008 to 31.3.2009 as leave without allowance. Because of the fact that the matters are pending and in the absence of valid orders, the petitioner is not able to get the pay and allowances for the period from 1.4.2009 to 31.3.2010 and the retirement benefits, the petitioner filed a detailed representation as per Exhibit P5 in the matter. It is pointed out that the Director of Vocational Higher Secondary Education has already forwarded the representation to the Government for appropriate action. 3. There will be a direction to the 2nd respondent to consider the request made by the petitioner in Exhibit P5 representation which has been forwarded by the 1st respondent already and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment for compliance. The Writ petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge