IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3460 of 2009(J) ------------------------- PETITIONER: --------------- SHERIF RAWTHER, CHIPPY, PUTHUPPALLY KUNNAM, CHARUMOODU, MAVELIKARA TALUK (RETIRED JUNIOR SUPERINTENDENT (PWD) LSGD DIVISION, PATHANAMTHITTA). BY ADV. SRI.K.SASIKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (E) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, P.W.D.ADMINISTRATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3460 of 2009 -------------------------- Dated this the 3rd February,2009 J U D G M E N T Petitioner retired from the service of the Public Works Department on 30.4.2006 while working as Junior Superintendent in the L.S.G.D Division, Pathanamthitta. In view of various ailments requiring long treatment and bed rest, he had to apply for leave without allowances on medical grounds for 600 days from 7.2.2001 to 29.9.2002. He remained on the same leave for a period of 1176 days between 8.10.2002 to 26.12.2005. At the time of retirement, the above period remained without any regularisation. 2. On his application after retirement, the 2nd respondent forwarded his application along with medical certificates and other necessary documents to the 1st respondent with his specific recommendation and observation about the petitioner's illness and necessity for sanction of leave especially for the purpose of W.P ( C) No.3460 of 2009 2 settling his pensionary claims. Exhibit P1 is the said letter. But by Exhibit-P2 when the order of regularisation was passed, period of leave was regularised otherwise than on medical certificate on condition that the period will not count for increment, grade promotion, accumulation of earned leave or pension. This will drastically affect the petitioner in getting the retirement benefits. Petitioner is relying upon Exhibit-P3 Circular dated 30.12.2005 of the Finance Department. According to him, in view of the clarification in the said Circular he is entitled for the leave applied for. 3. Petitioner has filed Exhibit-P4 before the Government seeking for a modification after reconsidering Exhibit-P2. Exhibit-P4 is dated 10.8.2007, which is pending without any action. He has also filed Exhibit-P5 reminder before the Government. 4. As per the recommendation by the 2nd respondent the Government could have considered the matter in the light of the medical certificates produced. The prescription of Exhibit-P3 circular will also be borne in W.P ( C) No.3460 of 2009 3 mind. 5. There will be a direction to the Government to consider and pass orders on Exhibit-P4, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.3460 of 2009 4 W.P ( C) No.3460 of 2009 5