IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 14606 of 2008(L) ---------------------------------------- PETITIONER(S): ------------------------ T.NARAYANAN, S/O.KUNCHAN, THONNITHODY HOUSE, POONGODE P.O., THUVVUR (VIA), MALAPPURAM DISTRICT. BY ADVS. MR.SUNIL KUMAR A.G., MR.R.SUDHEESH KUMAR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNT GENERAL (A&E), OFFICE OF THE ACCOUNT GENERAL, THIRUVANANTHAPURAM. 3. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 4. THE TAHSILDAR, TALUK OFFICE KOZHIKODE, KOZHIKODE. R1 TO R4 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14606/2008 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.MS.599/75/RD DTD. 27/06/75. EXT.P2: COPY OF THE LETTER NO.P3/PEN A/464/FF/90-91/897 DTD. 30/01/2006. EXT.P3: COPY OF THE LETTER NO.P2/PENA/964/FF/90-91/939 DTD. 7/02/2006. EXT.P4: COPY OF THE REPLY NO.C2736/07 DTD. 30/04/2007. EXT.P5: COPY OF THE REPRESENTATION DTD. 20/08/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.14606 of 2008 -------------------------- Dated this the 1st April,2009 J U D G M E N T The petitioner is aggrieved by the delay in disbursement of his pension and other benefits. Petitioner retired from service on 30.6.1989 as a Village Officer. Earlier he had acted as temporary Adhikari in Ernhad Taluk of Kozhikode District for a period of six months between 01.11.1956 to 31.08.1961. Thereafter, as a result of the re-organisation of the village establishment in Malabar area he was retrenched from service. Later he was appointed along with others as per an order dated 18.1.1966. Subsequent proceedings were issued by which again he was dismissed from service. After series of litigations positive orders were passed in his favour. Exhibit-P1 is an order passed by the Government dated 27.06.1975 whereby the petitioner was directed to be reappointed in service as Village Officer. Accordingly he joined duty and retired from service on W.P ( C) No.14606 of 2008 2 30.6.1989. He was granted pension and other retirement benefits also. 2. Presently, the dispute is regarding the non- reckoning of the period between 1956 and 1961 and from 1966 to 1972 as qualifying service for granting pension. The matter was brought to the notice of the various authorities. Exhibit-P2 shows that the 2nd respondent informed the 3rd respondent that the reason for removal of the petitioner from service is not recorded in the service book and hence the service rendered between 1966 to 1972 cannot be reckoned as qualifying service. By Exhibit- P3, the 2nd respondent again directed the 3rd respondent to forward the service book of the petitioner. Since no action is taken in the matter, the petitioner has filed this writ petition. Going by Exhibit-P4, his service book could not be traced out so far. 3. Exhibit-P4 is dated 30.4.2007. After waiting for one year, he has filed this writ petition. No counter affidavit is filed by the 3rd respondent in this writ petition. Merely because of the fact that the service book could not W.P ( C) No.14606 of 2008 3 be traced out, the petitioner cannot be denied the benefit. Respondents ought to have taken earnest steps to trace out the same and to grant appropriate benefits to the petitioner. In the absence of the same, efforts could have been taken to re-structure the same also. In the result, the writ petition is disposed of in the following terms. The 3rd respondent will see that the service book of the petitioner is traced out and forwarded to the 2nd respondent for appropriate action. The same shall be done within a period of three months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.14606 of 2008 4 W.P ( C) No.14606 of 2008 5