IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 28777 of 2009(N) -------------------------- PETITIONER(S): --------------- V.O.DAVID, S/O. OUSEPH, AGED 58 YEARS, (RTD. ASST.SOIL CHEMIST, SOIL TESTING LAB, PATTAMBI),VADASSERY HOUSE, P.O. ENGAKKAD, THRISSUR 680589. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PRINCIPAL SECRETARY TO GOVT. AGRICULTURAL DEPARTMENT GOVT SECRETARIAT THIRUVANANTHAPURAM 2. DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM, 3. THE ACCOUNTANT GENERAL (A& E) THIRUVANANTHAPURAM. SR GP ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28777/2009 -------------------- Dated this the 14th day of October, 2009 JUDGMENT Petitioner retired from service on 31.5.2006 as Assistant Soil Chemist. Two disciplinary proceedings were initiated against him while in service and he was placed under suspension for two spells, one from 1.12.1999 to 18.3.2001 and another from 23.5.2002 to 3.10.2002. According to the petitioner, he was denied legitimate promotion on account of such suspension. Disciplinary proceedings against the petitioner culminated in Exts.P2 and P4 orders. Under Ext.P2, he was awarded a censure and under Ext.P4 Government directed that an amount of Rs.8,550/- be recovered from his DCRG with interest. 2. The period of suspension from 23.5.2002 to 3.10.2002 was dealt with by the Government as per Ext.P5 order and the same was directed to be treated as duty for all purposes except pay and allowances. 3. There upon, the petitioner submitted Ext.P7 representation before the 2nd respondent for monetary W.P.(C).28777/09 2 benefits, relatable to the pay revision effected in 1988, 1993 and 1997, taking into account the services as Assistant Director of Agriculture with effect from 1991. He also prayed for a higher grade in the cadre of Assistant Director of Agriculture and also give him a chance of re-option. Pursuant to Ext.P2, petitioner submitted Ext.P10 application for a Time Bound Higher Grade and Ext.P11 option followed by Ext.P12 representation. This writ petition has been filed seeking appropriate directions in relation to Exts.P9 to P12. 4. The claim by the petitioner for a higher grade in the post of Assistant Director seems to be rested on the fact that by Exts.P5 and P6 orders, his period of suspension has been directed to be treated as duty except for pay and allowances. His request for re-option pursuant to the Pay Revision Orders in 1988, 1993 and 1997 is also rested on the same fact. 5. Ext.P10, a request for higher grade shall be considered by the 2nd respondent and a decision taken in accordance with law, within four months from the date of receipt of a copy of this judgment. Exts.P11 and P12 shall be considered by the W.P.(C).28777/09 3 1st respondent and a decision shall be taken within four months from the date of receipt of a copy of this judgment. Copy of the writ petition along with the copy of the judgment shall be produced by the petitioner before respondents 1 and 2. Writ petition is disposed of as above. V.GIRI, Judge mrcs