IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12347 of 2008(T) -------------------------- PETITIONER: ------------ C.JAYAKUMAR, "KAVYA SUBHAGA", MANASSERY P.O., MUKKOM-KOZHIKODE. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATIONS, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATIONS, THIRUVANANTHAPURAM. 3. DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR (GENERAL), KOZHIKODE. BY GOVERNMENT PLEADER, SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 12347 of 2008(T) ======================= Dated this the 9th day of April, 2008 JUDGMENT The petitioner, while working as a Lower Division Clerk in the Registration Department, was suspended from service in connection with a criminal case arising out of the suicide of his wife. He was suspended on 7.2.1994. The suspension prolonged till 10.7.1998. Later, he was reinstated and transferred to Feroke. There also, due to irregular attendance for duty, he was again suspended on 16.2.2000 and reinstated on 9.8.2000. In the criminal case, the petitioner was acquitted. Petitioner submits that despite several representations made by him, no orders have been passed in respect of regularisation of his suspension periods and granting of other service benefits which is allegedly due to him. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, order or direction directing the second and 3rd respondent to take immediate steps for the promotion of the petitioner to UD Clerk/next promotion grade taking into W.P.(C) No. 12347/2008/T -2- consideration of his seniority of service by including the period of suspension. ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 and 3 to grant all appropriate service benefits and annual increments to the petitioner as he is deemed in service for the period from 7-2-94 to 10-7-1998 and 16-2-2000 to 9-8-2000. iii) to declare that petitioner is eligible and competent to be promoted in the appropriate cadre as the petitioner would have been in service without any break and he is eligible for all appropriate consequential benefits.” 2. I am of the opinion that this is a matter which should first be considered by a competent superior officer. The petitioner submits that the 2nd respondent is the competent superior officer to consider the matter. The petitioner also submits that the 2nd respondent would require the assistance of the 3rd respondent also in disposing of the matter since the Service Book of the petitioner is with the 3rd respondent. 3. I have heard the learned Government Pleader also. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: The petitioner shall file a suitable representation detailing his grievances before the 2nd respondent within two weeks. On receipt of the same, the 2nd respondent shall consider and pass W.P.(C) No. 12347/2008/T -3- orders on the same as expeditiously as possible, at any rate, within two months from the date of receipt of the application. The petitioner shall also be afforded an opportunity of being heard. If the 2nd respondent requires the assistance of the 3rd respondent for disposing of the representation, he shall obtain the same also for which the 3rd respondent shall promptly render all assistance. Petitioner shall produce a certified copy of this judgment alongwith a copy of the writ petition before the 2nd respondent for compliance. S.SIRI JAGAN, JUDGE jp