IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 15264 of 2009(C) -------------------------- PETITIONER(S): --------------- C.P.KUNHUNNI GUPTAN, S/O.APPU GUPTAN, 59 YEARS OF AGE, LPSA (RETIRED), AIDED BASIC LOWER PRIMARY SCHOOL, TRIPALAMUNDA, RESIDING AT CHUNDATH PALOTTIL SREENILYAM, PALAD P.O., MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, INDIAN AUDIT ACCOUNT DEPARTMENT, THIRUVANANTHAPURAM-695003. 3. THE ASST. EDUCATIONAL OFFICER, PARALI, PALAKKAD. 4. DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15264/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of June, 2009 J U D G M E N T The petitioner entered service as a Lower Primary School Assistant on 03/07/1968 and was later promoted as Headmaster. He was placed under suspension with effect from 22/09/1992 while he was working as Headmaster. This led to several proceedings before the authorities and before this Court. By Ext.P1 order, the Government, ultimately, reduced the penalty of compulsory retirement from the service to reduction to the next lower post of L.P.S.A with a direction to reinstate him in service. He was reinstated in service pursuant to the interim order issued in W.P.(C). No.9002/2005 and, ultimately, the writ petition was disposed of confirming Ext.P1. 2. Subsequently, the Government passed Ext.P2 order to regularise the period of absence from 22/09/1992 to 21/03/2005 as non duty without forfeiture of his past service. This was challenged in W.P.(C). No.24505/2006 and this Court set aside the order and directed the Government to reconsider the matter and to pass fresh orders. Ext.P3 is the copy of the order confirming Ext.P2. This was challenged in W.P.(C). W.P.(C). No.15264/2009 -:2:- No.12251/2007. This Court refused to interfere with the order. It was observed that the petitioner shall not be entitled to get full pay and allowances from the date of suspension till the date of his reinstatement and as regards the pensionary benefits, the petitioner would be entitled to get the same as provided under the Rules. The petitioner was directed to make a motion before the appropriate authority and the competent authority was directed to take a decision in the matter. Thereafter, the petitioner filed Ext.P5 representation before the authority concerned. Exts.P7 and P8 are the communications now received by the petitioner. Going by Ext.P8, a pension amount of Rs.1,275/- has been sanctioned with effect from 01/05/2005. the rate of pension has been revised as Rs.2,400/- as per Ext.P9. 3. The petitioner claims that he is entitled to reckon the entire period of 36 years atleast for the purpose of pension. He has approached the first respondent by filing Ext.P11 representation dated 01/08/2008. 4. After the matter was heard for sometime on 03/06/2009, the learned counsel for the petitioner sought time to produce the recent representation which was filed before the competent authority. Along with I.A.No.6172/2009, he has produced Ext.P12 representation submitted W.P.(C). No.15264/2009 -:3:- before the Government and the Accountant General (A&E). Therein, the petitioner has prayed that he may be granted full pension, D.C.R.G and other terminal benefits reckoning the entire period of service from 03/07/1968 to 30/04/2005. 5. Since the petitioner has already moved the competent authority, it is upto the authority concerned to take a decision regarding the relief sought for in Ext.P12 representation. This Court, at this stage, is not expressing any opinion on the merits of the claim. There will be a direction to the first respondent to consider and pass orders on Ext.P12 within a period of three 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 the judgment before the authority concerned for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms