IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 3732 of 2007(T) -------------------------------- PETITIONER(S): ------------------- DR. R.GOPINATHAN NAIR, PRINCIPAL INVESTIGATOR, U.G.C.M. PROJECT, HEAD OF THE DEPARTMENT, MALAYALAM, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. R1,2 BY GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 3732/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT TO THE MINISTER FOR EDUCATION THAT HAS BEEN FORWARDED TO THE FIRST RESPONDENT DATED 16/12/2005. P2: COPY OF THE RELEVANT PROVISION OF THE GUIDE LINES RELATING TO RESEARCH FUNDING FOR MAJOR AND MINOR RESEARCH PROJECT. P3: COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 18/03/2006. P4: COPY OF THE POSTAL COVER. P5: COPY OF THE INTERIM ORDER IN WP.NO.1367/2006 OF THIS HONOURABLE COURT DATED 31/07/2006. P6: COPY OF THE REPRESENTATION TO THE FIRST RESPONDENT DATED 04/08/2006. P7: COPY OF THE JUDGMENT IN W.P.NO.1367/2006 OF THIS HONOURABLE COURT DATED 08/08/2006. P8: COPY OF THE G.O.(Rt)NO.1875/06/H.EDN. DATED 08/12/2006. P9: COPY OF THE REPLY GIVEN BY THE PETITIONER DATED 18/12/2006. P10: COPY OF THE G.O.(P)NO.185/2002 DATED 27/03/2002. P11: COPY OF THE VERIFICATION REPORT ISSUED BY THE AUDIT AND ACCOUNTS DEPARTMENT TO THE DIRECTOR OF COLLEGIATE EDUCATION. P12: COPY OF THE INFORMATION DATED 15/02/2008. P13: COPY OF THE INTIMATIONS ISSUED BY THE PRINCIPAL TO THE UNDER SECRETARY U.G.C. DATED 13/03/2008. P14: COPY OF THE INTIMATIONS ISSUED BY THE PRINCIPAL TO THE UNDER SECRETARY U.G.C. DATED 10/03/2008. P15: COPY OF THE SUBMISSION MADE BY ME ON 05/03/2008 TO THE PRINCIPAL GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM. P16: COPY OF THE RECEIPT EVIDENCING THE ACCEPTANCE IF RECORDS BY THE PRINCIPAL DATED 05/03/2008. svs ..........2/-... ...2... WPC.NO.3732/2007 RESPONDENT'S EXHIBITS: R2(a):COPY OF THE LETTER NO.N4/12976/07/COLL.EDN. DATED29/11/07. R2(b):COPY OF THE LETTER NO.A4/489/07 DATED 30/08/2007. E2(c):COPY OF ENQUIRY REPORT. /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 3732 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2011 J U D G M E N T While the petitioner was working as the Head of the Department of Malayalam in Government Arts College, Thiruvananthapuram, he was transferred to Government College, Kottayam by order dated 15.12.2005. But on the next day, namely 16.12.2005, the Government stayed that order. Several proceedings were initiated in respect thereof including W.P. (C) No.1367/2006. Ultimately orders were passed retaining the petitioner at Trivandrum and after summer vacation the petitioner joined on 1.6.2006. According to the petitioner, because of the stay order of the Government the petitioner is deemed to have been continuing at Government Arts College, Thiruvananthapuram. But according to the respondents W.P.(C)No. 3732 of 2007 -2- since he had already been relieved on 15.12.2005 itself and he did not join duty in the transferred station he should be deemed to have been absent from service for the period from 15.12.2005 to 01.06.2006. The matter was ultimately decided by the Government by Ext.P8 order, whereby the period from 15.12.2005 to 01.06.2006 was regularized as eligible leave. The petitioner retired from service on 31.03.2007. The issue involved in this writ petition is as to whether the Government was correct in directing that the period of absence of the petitioner from 15.12.2005 to 01.06.2006 be treated as eligible leave. 2. The petitioner would contend that the petitioner is deemed to have been continuing in service in Government Arts College, Thiruvananthapuram itself insofar as no transfer order as such was not served on the petitioner. On the other hand the respondents would contend that the petitioner was actually relieved on 15.12.2005 itself and therefore he ceased to have been a member of the staff of the Government Arts College with effect from that date until W.P.(C)No. 3732 of 2007 -3- fresh orders were passed. It appears that in respect of the matter an order was actually communicated to the petitioner only on 23.03.2006 and after re-opening of the college after summer vacation the petitioner joined on 01.06.2006. In view of the special circumstances involved, I am of opinion that the petitioner should be given the benefit of service from 16.12.2005 to 01.06.2006 for the purpose of retirement benefits. Accordingly this writ petition is disposed of declaring that the petitioner will be entitled to benefits of his service from 16.12.2005 to 01.06.2006 also for the purpose of calculating his retirement benefits. But he will not be entitled to any other monetary benefits for the service for the said period. However he should be granted increments notionally as if he was in service for the said period also and retirement benefits calculated accordingly. Orders in this regard shall be passed and arrears of retirement benefits due to the petitioner disbursed to him as expeditiously as possible, at any rate within a period of two months from the date of W.P.(C)No. 3732 of 2007 -4- receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/