IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 32002 of 2008(I) --------------------------------------- PETITIONER : -------------------------- V.K.MUHAMMED, S/O.V.AVRAN HAJEE, KUNNUMMAL HOUSE, PANTHALINGAL, P.O. MEPPADAM, MAMPAD, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, MALAPPURAM 4. TAHSILDAR, ERANADU, 5. ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. SRI. P. NANDAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32002 of 2008(I) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE REPLY DATED 8/10/1993 OF THE PETITIONER TO 3RD RESPONDENT. EXHIBIT P2: TRUE COPY OF THE MEMO DATED 9/03/1994 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3: TRUE COPY OF THE LETTER DATED 4/07/1995 OF THE PETITIONER TO THE 4TH RESPONDENT. EXHIBITP 4: TRUE COPY OF THE REPRESENTATION DATED 7/07/1995 OF THE PETITIONER BEFORE THE BOARD OF REVENUE. EXHIBIT P5: TRUE COPY OF THE MEMO DATED 23/08/1997 OF THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P6: TRUE COPY OF THE COVERING LETTER DATED 19/11/2005 OF THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P7: TRUE COPY OF THE LETTER DATED 17/04/2007 OF 3RD RESPONDENT TO 4TH RESPONDENT. EXHIBIT P8: TRUE COPY OF THE LETTER A 8732/03 DATED 5/2007 OF 4TH RESPONDENT TO 3RD RESPONDENT. EXHIBIT P9: TRUE COPY OF THE LETTER DATED 27/05/2008 OF 5TH RESPONDENT TO 3RD RESPONDENT. EXHIBIT P10: TURE COPY OF THE ORDER DATED 19/08/2008 OF HONOURABLE LOK AYUKTHA IN COMPLAINT NO. 135/2008. /TRUE COPY/ P.A TO JUDGE scm P.N RAVINDRAN, J. --------------------------- W.P(C) No. 32002 of 2008 ------------------------------------ Dated this the 25th day of May, 2009 JUDGMENT Heard Sri. P. Vijayakumar, the learned counsel appearing for the petitioner and Sri. P. Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner retired from service on 31/03/1994 on attaining the age of superannuation. The grievance voiced by him in this writ petition relates to the grant of terminal benefits. 3. The learned Government Pleader appearing for the respondents submit that terminal benefits have not so far been sanctioned to the petitioner for the reason that the period of leave without allowances availed by him during the period from 1/11/1989 to 31/03/1994 has not so far been regularised. He also submits that though initially by Exhibit P9 order, the petitioner was sanctioned a sum of Rs.868/- as provisional pension with effect from 16/11/2007, the provisional pension has since been revised to Rs.2,400/- per mensem with effect from 16/11/2007. The learned Government Pleader also submits that besides provisional pension at the aforesaid rate, a sum of W.P(C) No. 32002 /2008 2 Rs.26, 535/- has also been sanctioned as DCRG. 4. From the pleadings and the submissions made at the Bar, it is evident that terminal benefits have not been sanctioned to the petitioner for the reason that the period of leave without allowances availed by him during the period from 1/11/1989 to 31/03/1994 has not so far been regularised. The entitlement of the petitioner to receive pension and other terminal benefits in full would depend on the manner in which the aforesaid period of leave is regularised. The learned Government Pleader appearing for the respondents submits that the Government is the competent authority to regularise the aforesaid period of leave. In these circumstances, having regard to the fact that nearly 15 years have passed after the petitioner retired from service, I am of the opinion that the Government should bestow serious attention to the grievance voiced by the petitioner in this writ petition and take an expeditious decision in the matter. I accordingly dispose of this Writ Petition with the following directions: 1.The petitioner shall within one month from today W.P(C) No. 32002 /2008 3 file an appropriate representation before the Secretary to Government, Revenue Department, setting out his claims and contentions. 2.The Secretary to Government, Revenue Department shall within four months from the date of receipt of such a representation, hear the petitioner and pass orders thereon after affording him a reasonable opportunity of being heard. 3.The respondents shall continue to disburse to the petitioner provisional pension at the rate of Rs.2,400/- per mensem. If arrears of provisional pension is payable at the aforesaid rate with effect from 16/11/2007, the same shall be disbursed within one month from today. 4.The respondents shall within one month from today also disburse to the petitioner the sum of Rs.26,535/- which has been now sanctioned to him as DCRG, if the same has not so far been disbursed. W.P(C) No. 32002 /2008 4 5.The petitioner's entitlement to pensionary benefits in full would depend on the orders to be passed by the Government on the representation filed by him. It will be open to the petitioner, if he is aggrieved by the order passed by the Government, to challenge the same in other appropriate proceedings. The petitioner's contentions on the merits are kept open. P.N. RAVINDRAN, JUDGE scm