IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 25544 of 2007(N) ------------------------------------ PETITIONER(S): ---------------------- K.A.SURENDRAN,ATHIRA,NO.XI/451 A, KODIYANTHARA,THRIKKAKARA -P.O.,COCHIN-21 NOW RESIDING AT ILLAM, KPNRA-109 E,T.C.10/2198, KANNJIRAMPARA P.O.,THIRUVANANTHAPURAM , RETIRED JOINT DIRECTOR OF FISHERIES. BY ADV. SRI.S.RAJASEKHARAN NAIR SRI.G.SUKUMARA MENON RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, FISHERIES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF FISHERIES, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE EXECUTTIVE DIRECTOR, AGENCY FOR DEVELOPMENT OF ACQUA CULTURE KERALA (ADAK) VAZHUTHACADU,THIRUVANANTHAPURAM. SR.GOVERNMENT PLEADER SRI.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.25544/2007-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF LETTER NO.GC18/D/704/3738 ISSUED BY AG'S OFFICE TO R2. EXT.P2 COPY OF LETTER NO.P-09/PenA/577/TT/05-06/925 DT.22-11-2005. EXT.P2(a) COPY OF INTIMATION SLIP NO.P-09/PenA/577/TT/05-06/1055 DT.30-12-05. EXT.P3 COPY OF REPRESENTATION DT. 25-6-2006. EXT.P4 COPY OF SERVICE DETAILS SUBMITTED BY PETITIONER TO R2 ON 20-9-06. EXT.P5 COPY OF REPRESENTATION DT. 28-3-2007. EXT.P6 COPY OF MEDICAL CERTIFICATE DT. 9-8-2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE dkr P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.25544 of 2007 -------------------------------------- Dated 9th June, 2009 JUDGMENT Heard Sri.G.Sukumara Menon, the learned counsel appearing for the petitioner and Smt.Anu Simaran, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, who retired from service on 31.5.2005 on attaining the age of superannuation has filed this writ petition aggrieved by the non-disbursement of terminal benefits. The respondents have filed a counter affidavit in which it is stated that terminal benefits have not been paid so far for the reason that the petitioner had overstayed on deputation during the period from 2.2.1994 to 31.5.2005 and that though the Government had called for certain documents from the petitioner to regularise the overstay on deputation, he did not furnish the details and therefore orders regularising such overstay have not been passed so far. 3. The pleadings disclose that the petitioner was on deputation during the period from 2.2.1994 to 31.5.2005. It is stated that a certificate of officiation for the period from 2.2.1994 to 31.5.2005 was forwarded to the Accountant General and that the Accountant General had requested the Government in letter dated WP(C).No.25544/2007 2 28.3.2008 to issue orders regularising the overstay period from 26.09.1996 to 31.05.2005 for settlement of his pensionary claims. It is also stated that the Accountant General had reported that the pay of the petitioner has not been regularised from 10.05.1990 onwards for granting him increments and fixation of pay pursuant to the 1992, 1997 and 2004 pay revision orders. Ext.P4 discloses that the petitioner had informed the Director of Fisheries about the details of his service during the period from 9.5.1990 to 31.5.2005. Paragraph 3 of the counter affidavit filed on behalf of the second respondent discloses that a certificate of officiation for the period from 2.2.1994 to 31.5.2005 has been forwarded to the Accountant General. From the pleadings it appears that the only reason for not settling the petitioner's pensionary claims is that the Government are yet to pas orders regularising the service of the petitioner from 26.9.1996 to 31.5.2005 on deputation. Yet another reason stated is that the petitioner has not been given the benefits of the 1992, 1997 and 2004 pay revision orders. In these circumstances, as more than five years have passed after the petitioner retired from service, I dispose of this writ petition with the following directions: The Secretary to Government, Fisheries Department shall within four months from today, issue orders regularising the service of WP(C).No.25544/2007 3 the petitioner for the period from 26.9.1996 to 31.5.2005. He shall also direct the competent authority among the respondents to issue orders fixing the pay of the petitioner in implementation of the 1992, 1997 and 2004 pay revision orders. The fixation of pay shall also be made and arrears of salary and allowances if any disbursed within four months from today. The pensionary claims of the petitioner shall be settled thereafter, expeditiously and in any event within another period of two months. In order to enable the Secretary to Government, Fisheries Department to act as directed above, the petitioner shall produce a certified copy of this judgment along with a copy of this writ petition and the counter affidavit filed on behalf of the second respondent before him. P.N.RAVINDRAN Judge TKS