IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 31635 of 2008(N) -------------------------- PETITIONER(S): --------------- V.D.VINOD, DRIVER GARADE II OFFICE OF THE ASSISTANT DIRECTOR OF SOIL SURVEY, KOTTAYAM, PRESENTLY ON SPECIAL DUTY UNDER THE OFFICE OF THE ASSISTANT DIRECTOR SOIL SURVEY, FORT P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULUTRE SOIL CONSERVATION) THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR (SOIL SURVEY) KOTTAYAM. 4. THE ASSISTANT DIRECTOR (SOIL SURVEY) ALAPPUZHA. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.31635 of 2008 ------------------------------- Dated this the 3rd December, 2008. J U D G M E N T Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Driver Grade II in the office of the third respondent. His grievance is that though he is appointed in Kottayam District, the third respondent is unnecessarily sending him on special duty to Thiruvananthapuram frequently, as a result of which he is forced to incur out of pocket expenses. The petitioner submits that though he had claimed payment of TA/Halt Allowance, only a portion of the TA claimed was sanctioned and therefore he did not accept payment of the TA. He also submits that the Director of Agriculture by Ext.P3 declined his request for payment for Halt Allowance. The petitioner submits that pointing out these W.P.(C) No.31635/2008 2 grievances, he has submitted Ext.P4 representation before the Secretary to Government, Agriculture Department. 3. When the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the Secretary to Government, Agriculture Department, to consider Ext.P4 representation and take a decision thereon, after affording the petitioner an opportunity of being heard. The fact that the petitioner is frequently sent to Thiruvananthapuram on special duty is not in dispute. Evidently because of that he has been sanctioned TA, though not at the rate which he had claimed. In these circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Agriculture Department, to consider the request made by the petitioner in Ext.P4 representation and take a decision thereon, after affording him an opportunity of being heard. Final orders in the matter shall be passed within a period of three months W.P.(C) No.31635/2008 3 from today. In the event of the petitioner's claim being upheld, the monetary benefits shall be disbursed to him within one month thereafter. In the meanwhile, the third respondent shall take steps to disburse the TA now sanctioned to the petitioner as per Ext.P3. P.N.RAVINDRAN, JUDGE nj.