IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 35987 of 2008(H) -------------------------- PETITIONER(S): --------------- VINCENT PRASAD, AGED 47 YEARS, S/O DENNIS, MUSEUM GUIDE, LEGISLATURE SECRETARIAT, THIRUVANANTHAPURAM. (RESIDING AT THARAPOIKA VEEDU PERAYAM, KOLLAM) BY ADVS. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- THE SECRETARY, LEGISLATURE SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 35987 of 2008 ----------------------------- Dated this 15th day of December, 2008 JUDGMENT Heard Sri.K.S.Manu, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Museum Guide in the Kerala Legislature Secretariat. While he was working as Hotel Attender, he was placed under suspension following his arrest in a criminal case by order dated 05.10.2002 with effect from 5-9-2002. The petitioner was acquitted in the criminal case. Thereupon by Ext.P1 Government order dated 2-11-2005 the order of suspension was revoked and he was reinstated in service. By Ext.P1 order, the Government also ordered that orders regarding regularisation of the period of suspension will be issued later. The petitioner states that he thereafter moved the Government and by Ext.P2 order dated 15-5-2006 issued under Rule 56 (2) (ii) of Part I of the Kerala Service Rules, the Government ordered that the period of suspension will be treated as duty and that the said period will also be counted for all service benefits. The grievance voiced by the petitioner in this Writ Petition is that notwithstanding Ext.P2 order, the monetary benefits flowing therefrom have not so far been disbursed. He submits that he has moved the Secretary, Kerala Legislature Secretariat in Ext.P3 representation dated 21-8-2008 WPC:35987/2008 2 claiming service benefits during the period of suspension. The petitioner further submits that his daughter is under going the Nursing Course in the State of Andra Pradesh, that he has to meet the expenses of her education and that unless the monetary benefits consequent on Ext.P2 are expeditiously disbursed, he will be put to irreparable injury. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Ext.P2 discloses that the petitioner is entitled to all service benefits during the period when he was placed under suspension and that the period of suspension will also be counted as period spent on duty. Ext.P2 order was passed as early as on 15-5-2006 and nearly 30 months have passed thereafter. Such being the situation, I dispose of the writ petition with a direction to the Secretary, Kerala Legislature Secretariat to pass orders on Ext.P3 representation giving effect to Ext.P2 Government order and to disburse to the petitioner the monetary benefits that he is entitled to thereunder, within six weeks from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE bps