IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 31129 of 2010(M) -------------------------- PETITIONER(S): --------------- JAYASHANKER.G., S/O.GOPINATHAN NAIR, SREE HARI, EAST KADUNGALLUR, UC COLLEGE P.O., ALUVA. (NADASWARAM, KOTHAKULANGARA DEVASWOM, PARAVUR). BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANDHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANDHANCODE, THIRUVANANTHAPURAM, PIN-695 001. 3. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, ULLOOR, PIN-695 011. 4. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, PARAVUR, PIN-683 513. 5. SUB GROUP OFFICER, KOTHAKULANGARA DEVASWOM, PARAVUR, PIN-683 513. ADV.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1 & 2 SRI.P.GOPAL FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.31129 of 2010 ================== Dated this the 3rd day of November, 2010 J U D G M E N T The petitioner is an employee of the Kothakulangara Devaswom under the Travancore Devaswom Board. He was transferred from Ulloor Group to Paravur Group, by Ext.P3 order. In that order, it was stated that the service book and other salary details relating to the petitioner would be transmitted to the office of the 4th respondent without delay. But the same has not been done. Consequently, the petitioner is not getting full salary and D.A. allegedly due to the petitioner and the leave availed of by the petitioner on medical grounds has also not yet been sanctioned, which is also for want of service book. It is under the above circumstances, the petitioner has filed this writ petition with the following reliefs: “i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to transmit the service book of the petitioner from the office of respondent No.3 to the office of the respondent No.4 so as to enable the petitioner to receive salary and allowances alongwith periodical revisions and its arrears legally due to him within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.1 to 3 to sanction the earned leave availed by the petitioner on medical grounds for the period from 23.4.2008 to 9.8.2009 and to regularise the period of leave within such time as this Hon'ble Court may deem fit and proper in the interest of justice. iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.2 to consider and pass final orders on Ext.P5 request of the petitioner with w.p.c.31129/10 2 notice and opportunity of hearing to him within such time as this Hon'ble Court may deem fit and proper in the interest of justice;” 2. On 26.10.2010 I passed the following order: “The Standing Counsel for the Devaswom Board submits that the service book of the petitioner has been misplaced and earnest efforts are being made to trace the same. The learned Standing Counsel shall get instructions as to what action has been taken against the person who is responsible for the missing service book of the petitioner. Post on next Wednesday (3.11.2010)” 3. Today the learned Standing Counsel appearing for the Devaswom Board submits that the service book has been traced out and the same has been forwarded on 30th October, 2010. It is also submitted that appropriate action is also contemplated against the person who is responsible for missing of the service book of the petitioner. But the Standing Counsel submits that for releasing the pay and other benefits consequent upon pay revision of the petitioner as also sanction of leave applied for, one month's time would be required. In the above circumstances, this writ petition is disposed of directing the respondents to regularise pay and other benefits due to the petitioner as also leave applied for, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.31129/10 3