IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 OP.No. 13457 of 1999(B) --------------------------------- PETITIONER: ----------------- M. SOMASEKHARAN NAIR, NITISH BHAVAN, KANCHIYOORKONAM, KATTAKADA P.O., TRIVANDRUM DIST. BY ADV. SRI.M.V.RAMACHANDRAN THAMPI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., HEALTH DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. BIOLOGIST, OFICE OF THE BIOLOGIST, NFCP UNIT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 21657/1999 IN OP NO. 13457/1999. DISMISSED 28/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER GRO 18843/96/DHS DT. 17/7/96 BY THE R2 TO THE PETITIONER. EXT.P1A. COPY OF THE LETTER NO. F1. 442/96/NFCP ISSUED BY THE R3 TO THE R2. EXT.P2. COPY OF THE LETTER NO. EG1/41524/97/DHS DT. 23/4/98 BY THE RESPONDENT TO THE PETITIONER. EXT.P3. COPY OF THE COMMUNICATION NO. 23820/PWC/A2/98 DT. 25/11/98 BY THE R1 TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.13457 of 1999-B. ======================= Dated this the 28th day of March, 2008. J U D G M E N T The challenge is against Ext.P3 by which the request of the petitioner to treat the period of suspension till reinstatement as duty was rejected. But no reasons have been stated as to why the said request was rejected. 2. The petitioner entered service in the National Filarial Control Programme Unit under the Directorate of Health Services as a field worker on 19.1.1959. In 1962 he was transferred to Mattancherry office. While so, he was suspended from service as per order No.G.I.21456/65 dated 2.9.1965 and by later on 6.6.1966 he was dismissed from service. But the proceedings culminating in dismissal from service was not preceded by issuance of any memo of charges or enquiry by any competent enquiry. He was later reinstated in service on 25.5.1968 as per the order of the Director O.P.No.13457 of 1999-B. -: 2 :- of Health Services dated 18.5.1968. He retired from service on 30.9.1983. The present dispute arose when the petitioner claimed regularisation of his service from 1965 to 1968 and for consequential benefits. He wanted to refix his pension coiunting his service from 1959. 3. In the counter affidavit the respondents have got a case that the earlier period cannot be reckoned for the purpose of fixing the retirement benefits due to him after retirement. It is stated in the counter affidavit that the claim is time barred. None of the actions against him was challenged by the petitioner at the right point of time. If, as a matter of fact, he was reinstated in service by the authority concerned finding that the dismissal was not proper then it is clear that he is entitled for getting the due benefits on retirement. It is seen from Ext.P1 that he was reinstated pursuant to the order No.MFB3-3581/68/DHS dated 18.5.1988 of the Director of Health Services. Evidently that can be done only after setting aside the dismissal. Herein no enquiry was conducted admittedly. None of these aspects have been considered by the O.P.No.13457 of 1999-B. -: 3 :- Government while rejecting the representation of the petitioner. Therefore Ext.P3 is quashed. The first respondent will reconsider the matter and pass a reasoned order regarding the claim of the petitioner to regularise the period from the date of suspension till the date of reinstatement in service for recomputing the retirement benefits. Appropriate orders shall be passed within four months from the date of receipt of a copy of this judgment. The Original Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-