IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 26236 of 2009(Y) ------------------------ PETITIONER : --------------------- K.UNNIKRISHNAN NAMBOODIRI, WORKING AS PEON, KANNAPURAM EAST U.P. SHCOOL, MOTTAMMAL, PIN 670 331, (AGED 40, S/O. ESWARAN NAMBOODIRI, RESIDING AT SREE PADAM, KIZHAKKILLAM, P.O. CHALAKKODE, (VIA) PAYYANNUR. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. ASSISTANT EDUCATIONAL OFFICER, MADAYI, KANNUR. R1 TO R3 BY GOVERNMENT PLEADER SRI. MUHAMMED FAZIL M.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26236 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE APPOINTMENT ORDER BEARING NO. C/1789/09 K.DIS DATED 16-6-09. EXT.P2 : PHOTOCOPY OF THE BILLS/2005 DATED 6-9-05 REJECTED BY THE 3RD RESPONDENT. EXT.P3 : PHOTOCOPY OF THE LETTER BEARING NO. B5/28877/08 DATED 1-11-08. EXT.P4 : PHOTOCOPY OF THE CIRCULAR BEARING NO. 7/03/FIN DATED 7-1-03. EXT.P5 : PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS, KANNAPURAM EAST U.P. SCHOOL, MOTTAMMAL. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26236 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2011. JUDGMENT The petitioner herein is working as a Peon in Kannapuram East U.P. School from 22.6.1994 in a leave vacancy. One shri Baburajan had taken leave without allowance as per Appendix XIIA of K.S.R. 2. The complaint is regarding the denial of bonus/festival allowance from 2004-2005 onwards. The petitioner was paid the same till the year 2004. Even though representations have been filed in the matter, no action was taken. 3. Heard learned counsel for the petitioner and learned Govt. Pleader. Learned counsel for the petitioner pointed out that Ext.P4 circular issued by the Government is not applicable to the petitioner as there is no duel claim. 4. Learned Govt. Pleader brought to my notice for perusal a letter dated 15.3.2010 of the Additional Chief Secretary (Finance) to the effect that “as the possibility of duel claim can be ruled out in this particular case, necessary steps will be taken to disburse the special festival allowance from 2004-2005 to 2008-2009.” Therefore, it is requested that the writ petition may be disposed of for enabling them to take action in the matter. Learned wpc 26236/2009 2 counsel for the petitioner submits that for the year 2009-2010 also the petitioner will be eligible, as the person who is on leave, has not joined so far. 5. Therefore, the writ petition is disposed of directing respondents 2 and 3 to take appropriate action to see that the eligible benefits are disbursed to the petitioner without further delay and the action will be fianlised and amounts will be disbursed within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/