IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 7368 of 2007(B) ------------------------- PETITIONER: --------------- C.J.KURIAN, S/O.REV.FR.K.K.JOSEPH, COUNGAMPILLIL HOUSE, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT. BY MR.P.V.BABY,ADVOCATE MR.A.N.SANTHOSH,ADVOCATE RESPONDENTS: ------------------ 1. MANAGER, ST.STEPHEN'S BOYS HIGH SCHOOL, KEERAMPARA P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. BY MR.JOBY JACOB PULICKEKUDY,ADVOCATE FOR R1 MR.ANIL GEORGE, ADVOCATE FOR R1 GOVERNMENT PLEADER MR.K.RAMESH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.7368/2007 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DATED 1.10.1999 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 28.12.2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY P.A. TO JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7368 OF 2007 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner, a retired Teacher, has approached this Court seeking for a direction to the respondents to regularize the service of the petitioner and to disburse the pensionary benefits and other retirement benefits within a stipulated period. 2. The particulars of the service of the petitioner show that the petitioner was appointed as untrained H.S.A in the 1st respondent school for the period from 02.05.1962 to 03.06.1963 and after obtaining B.Ed Degree, he was appointed as fully qualified H.S.A with effect from 01.06.1964. 3. The petitioner had been continuing on Leave Without Allowance for employment abroad for the period from 05.02.1972 to 17.04.1975, 01.12.1975 to 25.12.1978 and 10.03.1979 to 15.03.1982. He rejoined duty on 16.03.1982 and continued in the school till 02.08.1982. Though the petitioner applied for Leave Without Allowance again, it appears that the same was not W.P.(C) No.7368/2007 2 sanctioned. The petitioner attained superannuation on 12.12.1995. 4. In the counter affidavit filed by the 2nd respondent it is averred in paragraph 4 that the petitioner was due to retire from service on 31.03.1996 since his date of birth being 13.12.1940. As per letter No.D4/637/98 dated 01.10.1999 namely, Exhibit P1, the proposal for sanction of pension was returned to the Headmaster, S.S.B.H.S., Keerampara for regularising his absence from 03.08.1982 onwards. The same has not been received back till date. It is also submitted that the petitioner's eligibility for any pensionary claims can be considered only on receipt of the proposal duly regularising his unauthorised absence from 03.08.1982 onwards. 5. Learned counsel for the petitioner submitted that the 1st respondent-Manager may be directed to take appropriate action by instructing the Headmaster of the school to forward the pension book and service book with necessary proposal for regularising the period. W.P.(C) No.7368/2007 3 Therefore, this writ petition is disposed of directing the 1st respondent-Manager to see that the pension book, service book and other details regarding the petitioner are duly forwarded to the 2nd respondent within a period of one month from the date of receipt of a copy of this judgment. On receipt of the same, the 2nd respondent will process the same and take appropriate action in the matter to disburse the eligible pension and other retirement benefits within a further period of three months. T.R. RAMACHANDRAN NAIR JUDGE smp