IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19467 of 2010(G) -------------------------- PETITIONER(S): ---------------------- DEVASSIA KUZHUPPIL, KUZHUPPIL HOUSE, EDAVAKA P.O., MANANTHAVADY, WAYANAD DISTRICT-670 645, VILLAGE EXTENSION OFFICER IN KALPETTA. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT.LOCAL SELF GOVT. DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, L.M.S.COMPOUND, THIRUVANANTHAPURAM, PIN-695 001. 3. THE ASST.DEVELOPMENT COMMISSIONER (G) CIVIL STATION, KALPETTA, WAYANAD, PIN-670 645. 4. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL THIRUVANANTHAPURAM, PIN-695 001. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 19467 OF 2010 (G) ===================== Dated this the 23rd day of June, 2010 J U D G M E N T Petitioner was a Village Extension Officer. Based on the conviction that he suffered in a criminal case, he was removed from service. His appeal filed before this court was also dismissed. Thereafter, in the SLP filed before the Apex Court, his conviction was set aside and he was acquitted. 2. Thereupon, the petitioner filed WP(C) No.2013/07 for reinstatement. He was reinstated in service. Subsequently, in WP (C) No.10278/07, filed by the petitioner, after his retirement on 28/2/2007, this Court passed Ext.P1 judgment with the following directions:- If the petitioner files a comprehensive representation and points out all the above aspects indicating the benefits due to him and also submits his pension papers through the Controlling Officer within a period of one month from today, the Controlling Officer shall forward the same to the 2nd respondent within a period of one month thereafter. The 2nd respondent shall pass orders as regards the computation of the benefits due to the petitioner till the date of his superannuation within a period of three months from the date of receipt of the pension papers and take steps to disburse the same without delay. 3. According to the petitioner, in pursuance to the WPC No. 19467/10 :2 : aforesaid directions in Ext.P1, he submitted representations, based on which Ext.P2 order was passed, the operative portion of which reads as under. In the circumstances, it is pleased to order that the period of break of service in respect of Shri.Devassia Kuzhipil, EO (Rtd.) from 8.12.1997 to 28.2.2007 (ie. the date of his removal from service to the date of retirement) is regularised as non duty without forfeiture of past service subject to the condition that, the said period will not be counted for pensionary benefits. 4. However, for disbursing the benefits, the period when he was kept under suspension viz., March 1987 to June 1992 was not reckoned and when representations were made, the petitioner was informed by Exts.P4 and P5 that the said period has not been regularized. It is thereupon that this writ petition is filed. 5. A reading of Ext.P1 judgment shows that as a consequence of the judgment acquitting the petitioner and his reinstatement in service, petitioner was directed to file a representation seeking regularization of the entire period when he was kept out of service. This necessarily includes the period when the petitioner was kept out of service on account of suspension also and exclusion of the period of suspension in Ext.P2 order is illegal. In view of Ext.P1 judgment, respondents ought to have WPC No. 19467/10 :3 : regularized the period of suspension for the period March 1987 to June 1992 as well. As the aforesaid period has been omitted in Ext.P2, the writ petition is disposed of directing the 2nd respondent to pass orders regularising the period when the petitioner was kept under suspension and orders in this behalf shall be passed, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment and on that basis petitioner's benefits shall be worked out and disbursed. ANTONY DOMINIC, JUDGE Rp