IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21952 of 2008(L) -------------------------- PETITIONER: ------------ A.J.ABDUL RASHEED, MEELEVILAYIL, THRIPPILAZHIKAM, KUNDARA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT , PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY BY GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 21952 of 2008 --------------------------------- Dated this the 22nd day of July, 2008. JUDGMENT While working as Superintending Engineer in the PWD the petitioner was placed under suspension with effect from 11.6.1987 to 31.10.1989. After reinstatement an order was passed holding that he will be entitled to pay and allowances at 80% less subsistence allowance, if any drawn by him. The period was directed to be spent on duty. Ext.P1 order passed in this regard was quashed by this court in Ext.P2 judgment and the matter was directed to be reconsidered by the Government. The Government reconsidered the issue and passed Ext.P3 order holding that the entire period is liable to be treated as duty for all purposes including pay and allowances. The petitioner is now aggrieved that he had received the full pay and allowances for the period of his suspension only after a long gap of 16 years. He submits that he is therefore entitled to interest on the belated period. He had submitted Ext.P4 representation in this behalf before the Government. WPC.21952 /2008 2 2. I heard learned counsel for the petitioner and the learned Government Pleader. The petitioner's claim merits consideration. 3. In the result, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P4 , within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent . V.GIRI, JUDGE. Pmn/ WPC.21952 /2008 3