IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 2549 of 2003(C) ---------------------- PETITIONER: ------------ P.BALAGOPALAN NAIR, CARTMAN (RETIRED) KOZHIKODE CORPORATION, S/O. APPUNNI NAIR, AGED 71 YEARS, VALAYANAD AMSOM DESOM, P.O.GOVINDAPURAM, KOZHIKODE DISTRICT BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: ------------- THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE-32 BY ADV. SRI.K.P.G.MENON, SC, KOZHIKODE CORPN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.4549/2003 IN O.P.NO.2549/2003 DISMISSED. 11-1-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE NO.F4-406/85 DT. 12-9-91 ISSUED BY THE RESPONDENT. EXT.P2. TRUE COPY OF THE PENSION SANCTION ORDER NO.B11(CP) 12456/92 DT. 30-9-1993. EXT.P3. TRUE COPY OF THE WAGE SLIP ISSUED BY THE RESPONDENT. EXT.P4. TRUE COPY OF THE REPRESENTATION DT. 5-1-2001 OF THE PETITIONER. EXT.P5. TRUE COPY OF THE REPRESENTATION DT. 24-1-2001 OF THE PETITIONER. EXT.P6. TRUE COPY OF THE LAWYER NOTICE DATED 13-9-2001 ISSUED BY THE PETITIONER. EXT.P7. TRUE COPY OF REPLY LETTER NO.B11(CP)12456/97 DT. 29- 9-01 SENT BY THE RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE VOUCHER NO.2128/7/93 IN THE MONTH OF JULY 1993 SHOWING THE RECEIPT OF RS.6269/- BY THE PETITIONER. EXT.R1(b) TRUE COPY OF THE CHALAN NO.22752 DATED 22-11- 1993. / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No.2549 of 2003 ----------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT The writ petition is filed with the following prayers:- i) issue a writ of mandamus or any other appropriate writ commanding the respondent to disburse an amount of Rs.8209/- with interest which was withheld from the salary arrears due to the petitioner forthwith. ii) issue a writ of mandamus or any other appropriate writ commanding the respondent to pay salary and other benefits due to the suspension period dated 4-8-1988 to 26-9-1988. In Ext.P7 reply the Secretary to the Corporation has made it clear that for the only reason of having granted the benefits to one Sri.A.Velayudhan, the benefits cannot be extended to the petitioner. In case the petitioner has still any grievance left it will be open to him to approach the Government, in which case the matter will be duly considered by the Government in accordance with law with notice to the petitioner within another three months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No. 2549 of 2003 ----------------------------------- JUDGMENT 11th January, 2008