IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 9750 of 2009(K) ------------------------- PETITIONER: --------------- B.S.ASOKAN,X-RAY TECHNICIAN (RETIRED), ROSE BHAVAN,AVRA-59,AKSHARA VEEDHI, PETTAH P.O.,THIRUVANANTHAPURAM. BY ADV. SMT.SREEDEVI KYLASANATH SRI.V.SADASIVAN SMT.V.J.SAFEENA RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, S.A.T.HOSPITAL,MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM 695 011. 4. THE DISTRICT T.B.OFFICER, T.B.CENTRE,THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.9750 of 2009 -------------------------- Dated this the 6th April,2009 J U D G M E N T The petitioner retired from service as X-Ray Technician on 30.11.2008 . While he was working as X- Ray Technician, he had availed leave without allowances on 20.8.1983 to seek employment abroad. The petitioner was re-appointed with effect from 30.7.1998 pursuant to the disciplinary action taken against him and the same was finalised awarding a punishment of barring of his periodical increment for one year with cumulative effect and he continued in service without any break. The regularisation of the period of leave without allowances was pending for a long time before the respondents and he approached this Court by filing WPC No.7033 of 2008 in the matter. This Court directed the Government to pass orders on Exhibit-P9 request made by the petitioner within a time limit. Thereafter, Exhibit-P2 order has been passed by the Government. In Exhibit-P2 order the W.P ( C) No.9750 of 2009 2 following directions have been issued. “In the circumstances Government have examined the matter in detail, after hearing the petitioner and are pleased to accord sanction for the regularisation of unauthorised absence in respect of Sri.B.S Asokan, X-Ray Technician, S.A.T Hospital, Thiruvananthapuram for the period from 20.8.1983 to 29.7.1998 by treating the period as non-duty with forfeiture of past service and order accordingly. The Director of Health Services will implement the order and settle the claims of the petitioner immediately. “ 2. The main complaint raised in the writ petition is that in spite of the said direction, the 2nd respondent has not implemented the same by settling his claims. 3. The 2nd respondent is bound to implement the directions in Exhibit-P2 within a specified time limit especially since the petitioner has already retired from service. The petitioner has not been disbursed with any W.P ( C) No.9750 of 2009 3 pensionary benefits so far presumably in the light of the fact that the follow up action pursuant to Exhibit-P2 have not been finalised. 4. The matter will have to be considered expeditiously by the 2nd respondent. There will be a direction to the 2nd respondent to take all further steps to see that the directions in Exhibit-P2 are implemented, within a period of two months from the date of receipt of a copy of this judgment. Action will be taken, appropriately to release his pensionary benefits also. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.9750 of 2009 4 W.P ( C) No.9750 of 2009 5