IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 OP.No. 17126 of 2001(L) ----------------------------------- PETITIONER(S): ----------------------- M. RAVEENDRANATHAN, NO.31 C.A., T.B. ROAD, VALLIOOR P.O., NELLAI DISTRICT, TAMILNADU. BY ADV. SRI.N.RAGHURAJ, SMT.K.AMMINIKUTTY. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE COMMISSIONER & SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI 5. THE HEADMASTER, GOVERNMENT HIGH SCHOOL, CHITHIRAPURAM, MUNNAR, IDUKKI. 6. THE HEADMASTER, GOVERNMENT HIGH SCHOOL, KARAMANA, THIRUVANANTHAPURAM. R1 TO R6 BY GOVT. PLEADER SMT.RANI DIOTHIMA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP.No. 17126 of 2001(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER NO.E1/82-83 DATED 19/05/1986 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DATED 20/05/1986 FROM THE PETITIONER TO THE 4TH RESPONDENT. EXT.P3: COPY OF THE ORDER NO.V4.55514/89 DATED 04/09/1989 PASSED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER NO.H1/19819/89 DATED 07/10/1989 PASSED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 29/01/1990 FROM THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 15/05/1992 FROM THE PETITIONER TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE LETTER NO.12/39832/91 DATED 07/07/1992 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE G.O.(RT) NO.3884/92 G.EDN. DATED 17/10/1992 PASSED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE LETTER NO.12/39832/91 DATED 22/03/1993 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P9(a): COPY OF THE LETTER NO.V4-20869/90 DATED 06/04/1991 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P10: COPY OF THE ORDER NO.12/39832/91 K.DIS DATED 15/12/1998 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P11: COPY OF THE LETTER NO.12/3961/99 DATED 22/09/1999 FROM THE 3RD RESPONDENT TO THE 1ST RESPONDENT EXT.P12: COPY OF THE LEAVE APPLICATION DATED 18/12/1998 SUBMITTED BY THE PETITIONER. EXT.P13: COPY OF THE LETTER NO.49084/C1/G.EDN. DATED 22/09/2000 FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXT.P14: COPY OF THE REPRESENTATION DATED 03/10/2000 FROM THE PETITIONER TO THE CHIEF MINISTER OF KERALA. EXT.P15: COPY OF THE LETTER NO.(1)2.3961/99 DATED 13/10/2000 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- O.P.No.17126 Of 2001-L ----------------------------------------------------- DATED THIS THE 30th DAY OF MAY, 2011 J U D G M E N T The grievance raised by the petitioner mainly is that his service from 19.5.1986 to 2.10.1989 has not been regularised and therefore the same has not been reckoned for the purpose of granting pensionary benefits. Accordingly, he seeks for various directions in this Writ Petition including a direction to recompute the retirement benefits after taking into account his period of service from 19.5.1986 to 2.10.1989. 2. The facts in detail are the following: The petitioner entered service on 30.9.1970 and he retired from service on 30.9.1999 as a Clerk from the Government High School, Karamana. The petitioner was once transferred while working at Government High School, Chithirapuram, Munnar. Because of his physical conditions and in view of the adverse climatic conditions in Idukki District,, he was forced to take leave without allowance on medical grounds from 15.6.1981 till 18.5.1986. It is the case of the petitioner that he applied for O.P.No. 17126/01 -2- leave with necessary medical certificates in time. He reported for duty before the 5th respondent on 19.5.1986 after the leave period was over. But the 5th respondent refused to admit the petitioner on duty. Exhibit P1 is the communication from the 5th respondent-Headmaster in this regard. Thereafter, the petitioner submitted a request to the Deputy Director of Education, Idukki, Thodupuha as per Exhibit P2. 3. It appears that the petitioner was removed from service by the Deputy Director of Education as per order dated 10.4.1989 for unauthorised absence and the same was set aside by the Director of Public Instruction as per Exhibit P3 order. Consequent directions were also issued as per Exhibit P4. By Exhibit P4, the petitioner was reinstated in service with effect from 3.10.1989 with a further direction to the Headmaster to take appropriate action to regularise the service of the petitioner from 15.6.1981 to 2.10.1989. 4. Even though applications were submitted, no further action was pursued and the petitioner therefore filed Exhibit P5 representation before the Director of Public Instruction and O.P.No. 17126/01 -3- thereafter by Exhibit P6, he approached the Government also. By Exhibit P7 communication from the Deputy Director of Education,Thiruvananthapuram, the petitioner was directed to apply for leave from 15.6.1981 to 2.10.1989. Exhibit P8 is the communication from the Government whereby the petitioner is granted Leave Without Allowance from 15.6.1981 to 18.5.1986 on medical certificate. It was also ordered that orders to treat the period of absence from 19.5.1986 to 2.10.1989 will be issued later. By Exhibit P10, the Deputy Director of Education held that the period of absence from 19.5.1986 to 2.10.1989 is unauthorised and treated it as break of service. For regularising the leave, the petitioner submitted an application which was forwarded to the Government by Exhibit P11 by the Deputy Director of Education and Exhibit P12 is the copy of the application for leave. 5. Exhibit P13 is the communication from the Government addressed to the Deputy Director of Education, Thiruvananthapuram stating that leave on medical grounds cannot be sanctioned at this distance of time and there was a O.P.No. 17126/01 -4- further direction to forward a revised application for leave without allowance on private affairs to regularise the period from 19.5.1986 to 2.10.1989. The petitioner submitted a further representation before the Chief Minister as per Exhibit P14 to intervene in the matter, reckoning the entire period for grant of pensionary benefits. Exhibit P15 is a further communication from the Deputy Director of Education to the petitioner asking him to forward a revised application for Leave Without Allowance on private affairs to regularise the period of absence. 6. The 4th respondent has filed a counter affidavit. 7. The learned counsel for the petitioner submitted that actually, the petitioner had reported for duty on 19.5.1986 as evident from Exhibits P1 and P2 and he was reinstated only after Exhibit P4 order was issued on 7.10.1989. It is therefore pointed out that he was actually kept out of service for no fault of his and the said period is liable to be regularised. 8. In this context, the averments of the 4th respondent in the counter affidavit that the petitioner had reported for duty on 19.5.1986; but he was not admitted to duty for various O.P.No. 17126/01 -5- reasons, are relevant. 9. Therefore, evidently, this is a case where the reporting of duty by the petitioner on 19.5.1986 is not under dispute. It is clear from Exhibit P4 also that the petitioner was ordered to be reinstated in service with effect from 3.10.1989. In that view of the matter, the period from 19.5.1986 to 2.10.1989 is liable to be regularised. 10. The Government while considering the entire matter has also indicated in Exhibit P8 that orders will be issued separately with regard to the period from 19.5.1986 to 2.10.1989. The only controversy now is with regard to the leave to be applied for. The view taken in Exhibit P13 which is followed in Exhibit P15 is that leave on medical grounds cannot be granted and leave can be granted only on private affairs for regularising the above period of absence. 11. As pointed out already, this is not a case where the petitioner had deliberately kept himself out of duty from 19.5.1986 to 2.10.1989. As submitted in the counter affidavit filed by the 4th respondent, the petitioner was not permitted to O.P.No. 17126/01 -6- join duty. Therefore, evidently, the petitioner is entitled for regularisation of the said period. Now the said period is not reckoned for the purpose of granting pensionary benefits and other benefits. 12. Therefore, the Writ Petition is disposed of in the following manner. (i) It is declared that the period from 19.5.1986 to 2.10.1989 is liable to be regularised. (ii) The petitioner will forward necessary applications, if not already forwarded, as pointed out in Exhibits P13 and P15 through the 3rd respondent -Deputy director of Education to the Government and the Government will pass appropriate orders regularising the period of service from 19.5.1986 to 2.10.1989. On regularising the service, the said period will be counted for the purpose of granting pension and other pensionary benefits. (iii) Appropriate orders will be passed within a period of three months from the date of receipt of a copy of O.P.No. 17126/01 -7- this judgment. Depending upon the order, consequential revision in the monthly pension and other pensionary benefits also will be made. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn