IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 7832 of 2008(G) --------------------------------------- PETITIONER(S): ------------------------- M.A.MOHAMMED ALI, S/O.ABOOBACKER HAJI, MUNDAMKULAM HOUSE, THALANGARA WEST P.O. THALANGARA, KASARAGODE, NOW WORKING AS L.D.CLERK IN COLLECTORATE, KASARAGODE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENT(S): --------------------------- 1. GOVT. OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KASARAGOD. 4. THE DEPUTY COLLECTOR (GENERAL) KASARAGOD. GOVERNMENT PLEADER SMT. T.B.REMANI FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7832/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMON JUDGMENT IN CRL.A.NO.785 & 811/99 DTD. 13/09/2006 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 11/10/2006. EXT.P3: COPY OF THE G.O.(P) NO.28/2003/P&ARD DTD.18/09/2003. EXT.P4: COPY OF THE JUDGMENT IN CONTEMPT CASE (C)NO.1796/07 DTD. 14/01/08 OF THIS HON'BLE COURT. EXT.P5: COPY OF THE G.O.(RT) NO.80/08/RD DTD. 8/01/2008. EXT.P6: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KASARAGOD DTD. 10/01/2008. EXT.P7: COPY OF THE PROCEEDINGS DTD. 11/01/2008 OF THE DEPUTY COLLECTOR (GENERAL) KASARAGOD. EXT.P8: COPY OF THE LETTER NO.SS2-45924/06 DTD. 11/02/08 OF THE 3RD RESPONDENT SENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7832/2008-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of January, 2009 J U D G M E N T The petitioner is aggrieved by the inaction on the part of the respondents to pay the full pay and allowances due to him from January 2008 onwards. He further seeks for a direction to the respondents to regularise the period of service he has been kept out of service as period spent on duty and grant him all consequential benefits. 2. The necessary facts for disposal of the writ petition are the following:- While he was working as Village Assistant in Talangara Village, Kasaragod District, he was dismissed from service on 21/02/2000 by the second respondent. He was the second accused in C.C.No.7/1998. There was another accused named Malingayya. Both the accused were convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 by the Court of the Enquiry Commissioner and Special Judge, Kozhikode, as per judgment dated 29/10/1999. Subsequently, he filed Crl.A.No.785/1999 against the said judgment. The appeal was allowed by this Court as per Ext.P1 judgment. Subsequent to his acquittal, he submitted a representation along with a copy of Ext.P2 judgment seeking to reinstate him in service. Since no action was W.P.(C) No.7832/2008 -:2:- taken in the matter, he filed W.P.(C).No.15690/2007seeking for appropriate directions in the matter to the respondents herein. The writ petition was disposed of as per judgment dated 01/10/2007, directing the respondents to consider the representation filed by the petitioner and pass orders thereon within a time limit. Thereafter, the Government passed order dated 08/01/2008 with a direction to the second respondent to reinstate the petitioner in service and to post him in a non-sensitive post. The said order has been produced as Ext.P5. Thereafter, he was posted as L.D.Clerk in the Collectorate, Kasaragod as per Ext.P6 and has been continuing as such. 3. This Court, as per the interim order dated 17/03/2008, directed that the petitioner may receive the salary which is offered to him for the months of January and February, 2008 and thereafter, without prejudice to his contentions in the writ petition. It is submitted that he has been receiving salary as directed by this Court. 4. The petitioner is put to real hardship because of the inaction on the part of the second respondent in answering the clarification sought for by the District Collector, Kasaragod, as per Ext.P8, as to whether the petitioner's pay and allowances can be drawn based on Rule 56(2) K.S.R Part-I, or whether he is to be treated as a fresh employee. The learned counsel for the petitioner submitted that even now the second respondent W.P.(C) No.7832/2008 -:3:- has not issued a clarification as sought for by the District Collector as per Ext.P8. 5. Therefore, the writ petition is disposed of in the following terms:- The second respondent will issue appropriate orders as requested for by the District Collector, Kasaragod, as per Ext.P8 [SS2-45924/06, dated 11/02/2008], as regards the pay and allowances which can be paid to the petitioner. The same shall be done within a period of six weeks from the date of receipt of the copy of this judgment. 6. The interim order passed by this Court on 17/03/2008, will continue to be in force and, depending upon the orders passed by the second respondent, the petitioner will be entitled for further payment of pay and allowances from time to time. No costs. (T.R. Ramachandran Nair, Judge.) ms