IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 25768 of 2008(P) ----------------------------------------- PETITIONER(S): ------------------------- V.KRISHNAN NAMBOODIRI, U.D. CLERK, KOLLAM MUNICIPALITY, S/O. VISHNU NAMBOODIRI, CHEPPAIKTTU ILLOM, ATTINGAL, THIRUVANANTHAPURAM BY ADVS. SMT.SANDHYA RAJU, SMT.JASHITHA VIJAYAN. RESPONDENT(S): ------------------------------ DIRECTOR OF URBAN AFFAIRS (FORMERLY DIRECTOR OF MUNCIPAL ADMINISTRATION) THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25768/2008P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DISABILITY CERTIFICATE. EXT.P2: COPY OF THE JUDGMENT IN WPC.29687/2005 DTD. 8TH FEB.2006. EXT.P2(A): COPY OF THE ORDER DTD. 19/08/05 NO.B7-7813/02. EXT.P3: COPY OF THE GOVERNMENT ORDER DTD. 29TH APRIL,2006. EXT.P4: COPY OF THE NOTICE DTD. 3RD JUNE 2006. EXT.P5: COPY OF THE REPRESENTATION DTD. 15TH OCTOBER 2007 ENCLOSING THE LEAVE APPLICATIONS. EXT.P6: COPY OF THE LETTER BY THE DIRECTORATE URBAN AFFAIRS DTD. 18TH OCTOBER, 2007. EXT.P7: COPY OF THE REPRESENTATION DTD. 28TH APRIL 2008 PREFERRED BEFORE THE DIRECTORATE OF URBAN AFFAIRS. EXT.P8: COPY OF THE REPRESENTATION DTD. 30TH JUNE 2008 TO THE DIRECTOR URBAN AFFAIRS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25768/2008-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of February, 2009 J U D G M E N T The petitioner was working as Upper Division Clerk in Attingal Municipality. He is disabled due to impairment vision. He retired from service on 30/04/2007. It appears that that were certain disciplinary proceedings against him which was subject matter of consideration by this Court in Ext.P2 judgment. Pursuant to Ext.P2 judgment, he was posted in Nedumangad Municipality. Apparently, for regularising the leave period, he was directed to submit leave applications also. Pursuant to Ext.P4 notice issued to him, he submitted leave applications as required from 16/09/2005 to 25/05/2006 along with Ext.P5 representation. 2. Ext.P6 is the copy of the forwarding letter by the Municipal Secretary requesting the respondent Director of Urban Affairs to pass appropriate orders on the leave applications of the petitioner. Apparently, because of the delay in regularising the leave period, the petitioner is not getting the retirement benefits also. The petitioner has filed Ext.P8 representation before the respondent seeking for appropriate orders for regularising the leave period and treat the same as duty. W.P.(C) No.25768/2008 -:2:- 3. In Ext.P2 judgment, there is a direction to regularise the respective period as eligible leave. Going by Ext.P6 communication of the Municipal Secretary, the matter is pending before the respondent for passing appropriate orders. The learned counsel for the petitioner seeks to issue a direction to the respondent to pass orders to enable the petitioner to get the pensionery benefits. In the result, the writ petition is disposed of directing the respondent to pass appropriate orders on Ext.P8 representation submitted by the petitioner. The same shall be done within a period of two months from the date of receipt of the copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms