IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 20452 of 2008(I) -------------------------- PETITIONER(S): --------------- 1. K.LEKSHMANAN, (RETIRED VILLAGE OFFICER), 'ABHAYAM', KAKKANAD P.O, KOCHI-30. 2. T.M.VARGHESE, (RETIRED VILLAGE OFFICER), THUBEL HOUSE, PARAPPALLY ROAD, THIRUVAMKULAM P.O., ERNAKULAM DISTRICT. 3. M.K.LOHITHAKSHAN, (RETIRED VILLAGE OFFICER), MARAYIL HOUSE, KUSUMAGIRI P.O, KAKKANAD, KOCHI-30. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PETER JOSE CHRISTO SRI.ANAND S.A. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, COMMISSIONERATE OF LAND REVENUE, THIRUVANANTHAPURAM. MR.ANTONY MUKKATH, OVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20452/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF JUDGMENT IN OP NO.1724/2000 DATED 29/05/2006 OF THIS HONOURABLE COURT. P2 : COPY OF G.O.(Rt.) NO.4871/06/RD DATED 12/12/2006. P3 : COPY OF REPRESENTATION SUBMITTED BY 1ST PETITIONER BEFORE R1 DATED 03/03/2008. P4 : COPY OF REPRESENTATION SUBMITTED BY 2ND PETITIONER BEFORE R1 DATED 03/03/2008. P5 : COPY OF REPRESENTATION SUBMITTED BY 3RD PETITIONER BEFORE R1 DATED 03/03/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20452 of 2008 --------------------------------- Dated, this the 11th day of November, 2009 J U D G M E N T The petitioners are retired Village Officers. They retired on 30/11/1998, 31/08/1991 & 31/11/1991 respectively. 2. While they were in service, they faced disciplinary proceedings. In so far as the 1st petitioner is concerned, by order dated 29/10/1998, disciplinary proceedings were finalized imposing a punishment of barring of two increments with cumulative effect and ordering to treat his period of suspension as non-duty. In so far as the 2nd petitioner is concerned, disciplinary proceedings were finalized by reducing his pension by Rs.25/- per month and treating his suspension period as non-duty without forfeiture of past service, by order dated 12/12/2006. In so far as the 3rd petitioner is concerned, he was imposed a punishment similar to that of the 2nd petitioner. 3. In this writ petition, what they claim is the benefit of Ext.P2 Government Order dated 12/12/2006 issued by the 1st WP(C) No.20452/2008 -2- respondent in the case of yet another retired Village Officer, in whose case also punishment was imposed by reducing his pension by Rs.25/- per month and ordering to treat the period of suspension as non-duty without forfeiture of past service. The petitioners submit that by Ext.P2 order, the Government directed that the suspension period in the case of the person mentioned therein will be treated as duty for the limited purpose of pension and gratuity. It is stated that their case stands on an equal footing with the case dealt with in Ext.P2 and therefore they should also be given the similar treatment. 4. It is seen that urging this claim, the petitioners have filed Exts.P3, P4 & P5 representations before the 1st respondent, and orders thereon have not been passed so far. 5. In view of the pendency of Exts.P3 to P5 representations, I dispose of this writ petition directing the 1st respondent to consider the said representations, taking into account Ext.P1 judgment and Ext.P2 Government Order referred to above. Orders as above shall be passed as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. WP(C) No.20452/2008 -3- The petitioners shall produce a copy of this judgment, along with a copy of this writ petition before the 1st respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg