IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 3036 of 2009(J) ------------------------- PETITIONER: --------------- P.P.ABDUL SALEEM, JUNIOR HEALTH INSPECTOR GRADE-1, THALASSERY MUNICIPALITY, KANNUR. BY ADV. SRI.C.KHALID RESPONDENTS: --------------- 1. PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, URBAN AFFAIRS DEPARTMENT PUBLIC OFFICE BUILDINGS, MUSEUM PO.,,THIRUVANANTHAPURAM. 3. SECRETARY, COCHIN CORPORATION, COCHIN. 4. SECRETARY, THALASSERY MUNICIPALITY, THALASSERY. BY GOVT. PLEADER SMT. ANU SIVARAMAN ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3036 of 2009 -------------------------- Dated this the 11th March,2009 J U D G M E N T The petitioner is working as Junior Health Inspector Gr.I in Thalassery Municipality. He was initially appointed as Health Assistant Gr.II by the 2nd respondent. He was posted in Kochi Corporation and thus he joined there on 16.9.1976 after completing his period of probation. 2. He applied for leave without allowances for 5 years on 28.4.1983 to seek employment abroad which was granted. As per Exhibit-P2 he was relieved from the service of the Corporation. The initial period of leave for 5 years was extended up to 20 years after the sanction issued from the Government from time to time. After the period of leave was over, the 2nd respondent permitted the petitioner to rejoin duty as per Exhibit-P3. Thereafter he was promoted as Junior Health Inspector Gr.I and posted as such to Kannur Municipality as per Exhibit-P4. W.P ( C) No.3036 of 2009 2 3. Even after the promotion , his pay was fixed only in the minimum of the scale of pay of that post and he was not granted annual increments, surrender leave benefits, pay revision arrears etc. This was due to the fact that his service book was missing. He filed Exhibits P5, P6 and P7 representations in the matter but without any result. Subsequently, some of his juniors have been promoted also which he objected. By Exhibit-P8 he was informed that the petitioner is not eligible to get promotion on par with his juniors who were promoted while he was on leave going by the relevant rules in Appendix XIIA of Part I, K.S.R. Herein he is seeking for various reliefs including sanction of service benefits. 4. Third respondent has filed a counter affidavit. It is pointed out that a search was conducted in the Health Department and other sections of the office to find out the service book of the petitioner. Third respondent has sent a letter dated 19.10.2005 to the Superintendent, Vigilance and Anti Corruption Bureau, Ernakulam requesting to take appropriate steps to find out the service book. They were W.P ( C) No.3036 of 2009 3 informed by the said Superintendent that the request in this respect should be made through the Government. Accordingly by letter dated 1.1.2009, they have requested the Government to authorise the Vigilance Department to conduct necessary enquiry and also sought permission to prepare a duplicate service book. 5. Since the 3rd respondent has sought for permission from the Government to prepare a duplicate service book, the respondents 1 and 2 will consider the matter without any further delay as the petitioner is put to real hardship in the matter. He is getting salary in the minimum in the scale of pay and he is denied all other service benefits for no fault of his. Petitioner is also seeking for fixing his correct pay and to pay the arrears etc. 6. In the result, the writ petition is disposed of directing respondents 1 and 2 to sanction the preparation of a duplicate service book in respect of the petitioner as requested for by the 3rd respondent within a period of one month from the date of receipt of a copy of this judgment. W.P ( C) No.3036 of 2009 4 The 3rd respondent will prepare a duplicate service book and forward the same to the 4th respondent within a period of two months from the date of receipt of the sanction from the Government. Second and 4th respondent will thereafter take steps to fix the correct pay due to the petitioner and further action will be taken to pay the arrears of wages, annual increments, bonus and other benefits. Such orders will be passed within a further period of three months thereafter. If the petitioner has got any other grievances, the petitioner will be free to agitate the same before the 2nd respondent. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.3036 of 2009 5 W.P ( C) No.3036 of 2009 6