IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6239 of 2008(P) ------------------------- PETITIONER: ------------ R.BALACHANDRAN, RATIONING INSPECTOR, TALUK SUPPLY OFFICE, RANNI, PATHANAMTHITTA DIST. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER,FOOD AND CIVIL SUPPLIES THIRUVANANTHAPURAM. 3. THE DIRECTOR, FOOD AND CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. THE KERALA CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, GANDHI NAGAR, COCHIN. BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 6239 of 2008 -------------------------- Dated this the 22nd February, 2008 J U D G M E N T According to the petitioner, he is entitled to third Higher Grader on completion of 23 years of service with effect from September 2004. This is disputed by the respondents essentially on the ground that a period of 214 days of leave without allowances, for want of medical certificate, is yet to be sanctioned. By Exhibit P2 order only a portion of the said leave was directed to be treated as eligible. This is, inter alia, on the premise that leave account is not properly maintained and it has to be reconstituted. 2. Thereafter, by Exhibit P5 order, the Director of Civil Supplies has required the District Supply Officer, Kannur to require the petitioner to submit an option for Third Higher Grade with effect from 5.6.2005 and by Exhibit P7 order the Director of Civil Supplies sanctioned Third Higher Grade with effect from 1.8.2006 in the scale of Rs.9100-15510. 3. According to the petitioner, he is entitled to Third Higher Grade with effect from 22.9.2004. He further submits W.P ( C) No. 6239 of 2008 2 that the entire leave sought on medical grounds ought to be granted. Petitioner has brought these facts to the notice of the Government by Exhibit P8 which is still pending. 4. I heard the learned counsel for the petitioner, the learned Government Pleader and the learned standing counsel for the Civil Supplies Corporation. In my view, the petitioner's claim is eligible to be considered by the Government treating Exhibit P8 as an objection against Exhibit P7 in so far as it relates to the petitioner's claim for Third Higher Grade on completion of 23 years service with effect from 22.9.2004. Government shall pass orders on Exhibit P8 after perusing the service book of the petitioner along with the records produced by the petitioner by way of medical certificate and other documents. Orders shall be passed within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No. 6239 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 6239 of 2008 2 ORDER 25th May, 2007