IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 7837 of 2009(Y) ------------------------------------- PETITIONER(S): ---------------------- 1. DHARMARAJAN, MANGALYA, NEAR VETTUROAD LEVEL CROSS, KARIYIL,KAZHAKUTTOM, THIRUVANANTHAPURAM,(RETIRED CHIEF ENGINEER), IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 2. GEORGE MATHAI,VIJAYA BHAVAN, CHADAYAMANGALAM P.O., KOLLAM DIST., PIN:691 534. (FORMERLY EXECUTIVE ENGINNER, KALLADA IRRIGATION PROJECT,LB DIVISION NO.21,KOTTIYAM,KOLLAM DIST.) 3. CHANDRABABU,VIMAL GARDEN, VETTUVILA JN., KALAKKODU P.O.,PARAVOOR, KOLLAM-691 302. (FORMERLY ASSISTANT ENGINEER, MI DIVISION,KOLLAM) BY ADV. MR.PIRAPPANCODE V.SREEDHARAN NAIR MR.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (AUDIT & AE), KERALA,THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7837/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMON JUDGMENT IN CRIMINAL APPEAL NOS.388, 391, 392, 393 & 412/1997 DATED 12/10/2006 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE JUDGMENT DATED 19/03/2008 OF THIS HONOURABLE COURT IN WP(C) NO. 9259/2008-B. EXT.P3: COPY OF THE G.O.(MS)NO.52/08/WRD DATED 28/10/2008. EXT.P4: COPY OF THE LETTER NO.A1-26953/2008 DATED 29/11/2008 OF THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.7837 of 2009 -------------------------------------- Dated 19th June, 2009 JUDGMENT The petitioners are former State Government employees. While they were in service they were placed under suspension pending investigation of a criminal case registered against them. By judgment delivered on 12.8.1997, the Enquiry Commissioner and Special Judge, Thiruvananthapuram convicted the petitioners and sentenced them to undergo imprisonment for various terms. Thereupon, their services were terminated under Rule 18 of Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. The petitioners challenged the judgment of conviction and sentence in Crl.A.No.388 of 1997 on the file of this Court. While the said appeal was pending, the petitioners attained the age of superannuation. By Ext.P1 judgment delivered on 12.10.2006, this Court set aside the judgment of conviction and sentence and acquitted the petitioners. The petitioners thereafter moved the Government seeking service benefits. They thereafter moved this Court by filing W.P.(C)Nos.9259 of 2008 and 9260 of 2008. This Court directed the Government to pass orders bearing in mind Rule 18 of the Kerala Civil Services (Classification, Control and Appeal) Rules and Rule 56 B of Part I of the Kerala Service Rules. The WP(C).No.7837/2009 2 Government thereafter passed G.O.(Ms)No.52/08/WRD dated 28.10.2008 granting service benefits to the petitioners under Rule 18 of the Kerala Civil Services (Classification, Control and Appeal) Rules and Rule 56 of Part I of the Kerala Service Rules. This writ petition is filed seeking implementation of the said Government order, a copy of which is Ext.P3. 2. The learned Government Pleader appearing for the official respondents submits that the Government have by G.O.(Rt) No.577/2009/WRD dated 2.6.2009 directed that the period during which the petitioners were under suspension and the period during which they stood dismissed from service will be reckoned as duty for all purposes including pay and allowances. The learned Government Pleader also submits that the Government have in the said order directed that the entitlement of the petitioners for promotion which their juniors might have enjoyed during the period of their suspension or they were out of service following their suspension from service will be considered later by placing the matter before the Departmental Promotion Committee. A copy of G.O.(Rt)No.577/2009/WRD dated 2.6.2009 was also made available to me for perusal. I have gone through the same. In my opinion, in view of the Government order dated 2.6.2009, the petitioners cannot have any subsisting grievance WP(C).No.7837/2009 3 in the matter of implementation of Ext.P3 Government order. I accordingly dispose of this writ petition with a direction to the competent authority among the respondents to fix and pay arrears of salary and allowances and to disburse terminal benefits to the petitioners expeditiously and in any event within four months from today. The respondents shall also take necessary steps to have the claim of the petitioners for promotion to higher posts considered by convening the Departmental Promotion Committee at the earliest and in any event within six months from today. In the event of the petitioners being found eligible for promotion, their service/pensionary benefits shall be suitably revised immediately thereafter and arrears paid within three months from such date. If the petitioners have any other subsisting grievance, they may move the Government seeking redressal of the same. P.N.RAVINDRAN Judge TKS