IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 10668 of 2008(T) ------------------------------------- PETITIONER(S): ------------------------- C.LEELA, PEON, CHETTIKULANGARA GRAMA PANCHAYAT, CHETTIKULANGARA, MAVELIKARA, ALAPPUZHA DISTRICT. BY ADVS.MR.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, ALAPPUZHA DISTRICT. 4. THE SECRETARY, CHETTIKULANGARA GRAMA PANCHAYAT,CHETTIKULANGARA, MAVELIKARA, ALAPPUZHA DISTRICT. 5. THE ACCOUNTANT GENERAL A & E KERALA, THIRUVANANTHAPURAM. R1 TO R3 & R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10668/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.RT.1524/97/LAD DTD. 24.4.97. P2:- COPY OF THE ORDER NO.E3-4603/2000 DTD. 23.9.03 OF THE 3RD RESPONDENT. P3:- COPY OF THE ORDER NO.AV-4799/2000 DTD. 5.6.01 OF THE 3RD RESPONDENT. P4:- COPY OF THE JUDGMENT DTD. 15.7.05 IN WP.C. 20967/05 OF THIS HONOURABLE COURT. P5:- COPY OF THE LETTER DTD. 28.12.05 FROM THE 3RD RESPONDENT TO THE PETITIONER. P6:- COPY OF THE LETTER DTD. 7.12.06 FROM THE 3RD RESPONDENT TO THE 4TH RESPONDENT. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER OF LOCAL SELF GOVERNMENT. P8:- COPY OF THE LETTER DTD. 9.4.07 FROM THE 3RD RESPONDENT TO THE PETITIONER. P9:- COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER. TRUE COPY P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No.10668 of 2008 -------------------------- Dated this the 30th September,2009 J U D G M E N T While serving as Peon in the 4th respondent Panchayat, petitioner applied for Leave Without Allowances for taking up an employment abroad which was sanctioned as per Ext.P1 order dated 24.4.1997. According to the petitioner, she entered on leave only from 1.8.1999. 2. During the period of the petitioner's leave, apparently disciplinary proceedings were taken against the petitioner for unauthorised absence and she was dismissed from service. Petitioner reported for duty on 22.3.2002 when she was told that her services had already been terminated. She approached this Court in O.P No.10018 of 2003 inter alia, challenging the order of termination. This Court directed the 2nd respondent to consider the petitioner's representation. Ultimately by Ext.P2 order, petitioner was directed to join at Nedumudi Grama Panchayat and pursuant thereto she rejoined duty on 24.9.2003. W.P ( C) No.10668 of 2008 2 3. According to the petitioner, the period from 22.3.2002 when she reported for duty till 24.9.2003 when she was permitted to rejoin duty is eligible to be treated as duty . This aspect was directed to be considered by the competent authority as per Ext.P4 judgment. The operative portion of Ext.P4 judgment reads as follows: "In the facts and circumstances, there shall be direction to the 3rd respondent to take up for consideration Ext.P6 representation filed by the petitioner and routed through the Noornad Panchayat as per covering letter dated 09/10/2003 and take appropriate decision, having regard to all relevant facts and the provisions of law and to communicate the order to the petitioner within one month from the date of receipt of a copy of the judgment 4. Orders with regard to the claim made in this regard by the petitioner is yet to be passed by the Government. In the meanwhile, provisional pension has been sanctioned to the petitioner consequent upon her retirement from service on 31.8.2006. This writ petition has been filed seeking appropriate reliefs in consequence of Ext.P4 judgment. W.P ( C) No.10668 of 2008 3 5. A counter affidavit has been filed by respondents 1 and 2. 6. Admittedly orders are yet to be passed in the matter of treating the period from 22.3.2002 to 24.9.2003. The Government had been directed to do so within a time frame even under Ext.P4 judgment. Accordingly, the writ petition is disposed of in the following terms:- i. Taking note of Ext.P4 judgment, the Government shall, within two months from the date of receipt of a copy of this judgment, take a decision as regards the manner in which the period of service of the petitioner from 22.3.2002 to 24.9.2003 is to be treated. ii. It is made clear that the Government shall take a decision in this regard , after considering and verifying whether she had reported for duty on 22.3.2002 and whether she was subjected to idleness till 24.9.2003, for no fault of her. Subject to the decision to be taken by the Government as aforementioned, the pension payable to the petitioner shall be computed and disbursed within two W.P ( C) No.10668 of 2008 4 months thereafter. iii. Orders regarding sanctioning of the DCRG due to the petitioner shall be passed, within one month from the date on which the Government takes a decision as aforementioned. Thereupon, subject to any liability, that may be fixed in the case of the petitioner, DCRG shall also be disbursed to the petitioner within the aforementioned time frame. (V.GIRI,JUDGE) ma W.P ( C) No.10668 of 2008 5 W.P ( C) No.10668 of 2008 6