IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 9687 of 2006(C) ------------------------- PETITIONER: --------------- P. SAJI GEORGE, FOREST GUARD, POOVATHUMCHIRAYIL HOUSE, NADAVAYAL, WAYANAD. BY ADV. SRI.K.S.ROCKEY RESPONDENTS: --------------- 1. THE DIVISIONAL FOREST OFFICER, NORTH WAYANAD DIVISION, MANANTHAVADY, WAYANAD. 2. THE CONSERVATOR OF FORESTS, NORTHERN CIRCLE, KANNUR. ADV.SRI. K.SANAL KUMAR, SPECIAL GOVT. PLEADER(FOREST) -R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.9687 OF 2006 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the latter dated 12.11.2004 from the 1st respondent. Ext.P2: True copy of the letter from the District Medical Board dated 24.11.2004. Ext.P3: True copy of the letter dated 8.2.2005 submitted before the 1st respondent. Ext.P4: True copy of representation dated 18.11.2005 submitted before the 2nd respondent. Ext.P5: True copy of letter dated 5.11.2005 from the 1st respondent. Ext.P6: True copy of reply letter dated 28.11.2005 submitted to the 1st respondent. Ext.P7: True copy of the relieving order dated 22.09.2004. RESPONDENTS'S EXHIBITS: Ext.R1(a): True copy of leave Application. Ext.R1(b): True copy of Letter dt.18.2.2005 of Saji George. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 9687 OF 2006 -------------------------------------------- Dated this the 7th day of September, 2009 JUDGMENT The petitioner is a Forest Guard. He had applied for leave from 12.1.2004 to 5.10.2004 on medical grounds. Though a portion of the leave was sanctioned, the leave application of the petitioner for the period from 30.4.2004 to 5.10.2004 was forwarded to the Government for consideration as leave was requested for a period beyond four months. The same was duly recommended by the second respondent. However, the application for leave without allowances gathered dust His grievance regarding non-reckoning of the period from 6.10.2004 to 17.2.2005 during which he was not permitted to join duty, as duty was also not considered. It was in the said circumstances that the petitioner approached this Court by filing this Writ Petition. 2. When the matter was taken up for final hearing, learned counsel for the petitioner made available a copy of the Government Order No. 328/08/Forest dated 24.6.2008 issued during the pendency of the Writ Petition. As per the said order, based on the medical certificate produced W.P.(C) NO. 9687/2006 2 by the petitioner, leave was sanctioned to him and the aforesaid period as also the period from 6.10.2004 to 17.2.2005 were regularised. Subsequently, G.O. No.555/08/Forest dated 17.11.2008 was issued by the Government modifying the earlier order dated 24.6.2008. It is submitted that in the light of the latter Government Order dated 17.11.2008, no further orders are required in this Writ Petition except a direction to the respondents to consider and grant consequential reliefs to the petitioner, pursuant to the said Government Order. Accordingly, the Writ Petition is disposed of with a direction to the second respondent to consider the claim of the petitioner for consequential reliefs, pursuant to the Government Order dated 17.11.2008, within a period of one month from the date of receipt of a copy of this judgment. At any rate, all consequential benefits flowing from the said order shall be disbursed to him within a period of one month thereafter. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 9687/2006 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 9687/2006 JUDGMENT 7th September, 2009