IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 11800 of 2000(D) ---------------------------------- PETITIONER: ------------------- V. SASIDHARAN NAIR, FOREST GUARD `RAJ BHAVAN', PARAYIL, EDAVAI P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANILKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. CHIEF FOREST CONSERVATOR, (PROTECTION), TRIVANDRUM. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 19281/2000 IN O.P. NO. 11800/2000-D DISMISSED 25/01/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER PASSED BY THE R.1. IN G.O. (RT) 101/98 FOREST DTD. 04/03/1998. EXT.P.2: COPY OF THE REPRESENTATION FILED BEFORE THE R.1. ON 13/07/1998. EXT.P.3: COPY OF THE ORDER NO. 1950/F3/2000/FOREST DTD. 22/02/2000. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No. 11800 OF 2000 --------------------------------------- Dated this the 25th day of January, 2008. J U D G M E N T Petitioner is aggrieved by Exhibit P3 Government Order whereby he was informed that the period he was not in actual duty cannot be considered for any service benefits. 2. According to the petitioner, he was out of service only because he was not mentally fit. However, it is further submitted that after he became fit, he made a representation for rejoining duty in the year 1996. But, action was taken in the representation only in 1998. Therefore, it is submitted that atleast the date from which he was prepared to join duty, the period may be counted for the pensionary benefits. Petitioner may move the Government for reconsideration of Exhibit P3 in the matter of period from 1996, in which case, the matter will be duly considered by the Government taking note of the fact that the petitioner was prepared to join duty and the delay was on the part of the Government in sanctioning the reinstatement, and hence the benefits could be granted atleast O.P. No. 11800/00 2 notionally for the purpose of pension. Orders as above shall be passed within a period of another three months. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp O.P. No. 11800/00 3 KURIAN JOSEPH, J. O.P. No. 11800 OF 2000 J U D G M E N T 25.01.2008