IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 22383 of 2011(W) ------------------------------------------- PETITIONER(S): ---------------------- P.T.DAVID, S/O.THOMAS,PONNAYUR HOUSE, CHITTILAPPILLY P.O.,THRICHUR DISTRICT NOW WORKING AS AGRICULTURAL ASSISTANT GRADE-1 KRISHI BHAVAN,THIRUNELLI,WAYANAD DT. BY ADV. SRI.M.P.KRISHNAN NAIR SMT.RAJESWARI KRISHNAN SRI.V.B.NARAYANAN SRI.ANIYANKUNJU VARGHESE RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN,THIRUVANANTHAPURAM 695 001. 3. THE PRINCIPAL AGRICULTURAL OFFICER, PRINCIPAL AGRICULTURE OFFICE, TRICHUR-20. BY SR. GOVT. PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.22383/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER SE (2) 25132/2000 DTD. 13.4.2000 ISSUED BY SENIOR ADMINISTRATIVE OFFICER, THIRUVANANTHAPURAM. P2:- COPY OF THE ORDER E(4) 5097, DTD. 3.5.2000 ISSUED BY THE 3RD RESPONDENT. P3:- COPY OF THE REPRESENTATION DTD. 30.10.2000 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. P4:- COPY OF THE ORDER SVC4/54041/2000 DTD. 3.3.2001 ISSUED BY THE 2ND RESPONDENT. P5;- COPY OF THE APPEAL DTD. 5.4.2001 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P6:- COPY OF THE ORDER G.O.(RT) 217/2002/ AD, DTD. 20.3.2002. P7:- COPY OF THE REPRESENTATION DTD. 29.6.2002 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P8:- COPY OF THE JUDGMENT DTD. 18.2.2010 IN OP.27169/2002. P9;- COPY OF THE REPRESENTATION DTD. 8.9.2010 SUBMTITED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P10:- COPY OF THE LETTER DTD. 8.9.2010 ISSUED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, THIRUNELLI. P11:- COPY OF THE APPLICATION DT.D 2.11.2010 SUBMITTED BY THE PETITIONER TO THE INFORMATION OFFICER (R.I.ACT), DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. P12:- COPY OF THE REPRESENTATION DTD. 15.3.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.22383 of 2011 --------------------------------------------- Dated this the 17th day of October 2011 JUDGMENT The petitioner is an Agricultural Assistant who is to retire from service on attaining superannuation on 31.3.2012. While working at the Agricultural Office, Thrissur, he had submitted an application for leave without allowances for five years from 1.10.1994. However, the leave was not granted. His leave application was subsequently forwarded to the Government on 25.7.1999. Though he sought permission to rejoin duty on 1.10.1999, he was permitted to rejoin duty only on 5.5.2000 subject to disciplinary action to be initiated against him for his unauthorised absence. According to the petitioner, he fell ill and therefore he submitted an application for voluntary retirement. Later on, he submitted a resignation letter. However, since no action was taken thereon, he subsequently withdrew his resignation. There were two earlier writ petitions before Wpc no.22383/2011 2 this Court. As per the directions of this Court, he rejoined duty and is continuing in service. The petitioner complains that the period of his absence from 1.10.1994 to 4.5.2000 has still not been regularised. Since the petitioner is due to retire from service on 31.3.2012, appropriate orders in this regard are necessary to be passed, without further delay. 2. The petitioner has submitted Ext.P12 representation setting out his grievances. The same is pending before the first respondent. However, no orders have been passed thereon, till date. He seeks the issue of appropriate directions for consideration of his representation expeditiously. 3. It is for the first respondent to take a decision as to how the period of absence of the petitioner is to be reckoned. 4. Having heard the learned Government Pleader also, I am of the opinion that since Ext.P12 is pending consideration of the first respondent, a decision has to be taken in this matter by the authority concerned. Such a decision would have to be taken without further delay in Wpc no.22383/2011 3 view of the fact that the petitioner is nearing retirement. 5. This writ petition is accordingly disposed of directing the first respondent to consider the representation of the petitioner, evidenced herein by Ext.P12 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. SD/- K.SURENDRA MOHAN, JUDGE css/ TRUE COPY p.s.to judge