IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17350 of 2008(M) -------------------------- PETITIONER: ------------ V.B.PAKRU, VI/255 HINDI PRACHAR MANDAL ROAD, IRINJALAKUDA, THRISSUR DISTRICT- 680 121, PRIMARY DEPARTMENTAL TEACHER (RETD). BY ADV. SRI.ANIL SIVARAMAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, (DEPARTMENT OF GENERAL EDUCATION) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. THE DISTRICT EDUCATION OFFICER, CHAVAKKAD. BY GOVERNMENT PLEADER SMT.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17350 OF 2008 M -------------------------------------------- Dated this the 11th June, 2008 JUDGMENT The petitioner is a retired Primary Departmental Teacher. It is stated in the Writ Petition that after having worked as Primary School Teacher for more than eight years, he applied for leave without allowance to take up employment abroad. The leave was sanctioned as per the order dated 29.1.1973. Later, leave was extended for 290 days more from 15.8.1975 to 30.5.1976. It is stated that before the expiry of the extended period of leave, the petitioner sought for permission to rejoin duty. However, it is stated, the third respondent declined to pass any orders, thereby disabling the petitioner to join duty. The pensionary benefits including gratuity and provident fund, were not disbursed to the petitioner. Representations were made by him. Petitioner received Ext.P2 communication dated 4.12.1998, stating that the petitioner has no minimum service required for pension as per the existing rules. It would appear that the petitioner submitted Ext.P6 representation dated 21.12.1998 to the first respondent, requesting to accord sanction for payment of minimum pension and other retirement benefits admissible as per rules and also the death-cum-retirement gratuity. The petitioner filed O.P.No.940 of 2000 for the issue of a writ of mandamus, directing the respondents to disburse the pensionary benefits. O.P.No.940 of 2000 W.P.(C) NO.17350 OF 2008 :: 2 :: was disposed of by this Court as per judgment dated 2.2.2000, directing the first respondent to consider the representation dated 23.12.1998, submitted by the petitioner. The Government passed Ext.P8 order dated 4.5.2000, holding that the petitioner is not eligible for exgratia pension since he had lost his eligibility for minimum pension on account of not having the minimum qualified service of ten years. The petitioner, thereafter, submitted Ext.P9 representation dated 10.10.2006, stating that as per the Government Orders, G.O.(P)No.1851/99/Fin. dated 18.9.1999 and G.O.(P)No.180/2006/Fin. Dated 18.4.2006, persons who do not have ten years of qualifying service would also be entitled to minimum pension. In Ext.P9 representation, the petitioner prayed for granting the retirement benefits. Pending Ext.P9, Government have issued Ext.P10 Order, G.O. (P)No.420/07/Fin. Dated 13.9.2007, revising exgratia pension to persons who retired prior to 1.7.2004. Based on Ext.P10 Government Order, the petitioner submitted Ext.P11 representation. Ext.P11 is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ in the nature of mandamus commanding the respondents to fix the minimum pension due to the petitioner on the basis of his qualifying service and to disburse the arrears with interest forthwith; ii) issue a writ in the nature of mandamus directing the respondents to pay monthly pension due to the petitioner and continue to pay the same without let or hindrance; W.P.(C) NO.17350 OF 2008 :: 3 :: iii) issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice on the facts and in the circumstances of the instant case; and iv) award the costs of this case to the petitioner.” 3. The petitioner confines his relief to a direction to the first respondent to dispose of Ext.P11 representation expeditiously. Learned Government Pleader submits that Ext.P11 representation will be considered by the Government without much delay. Accordingly, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P11 representation expeditiously and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner. (K.T.SANKARAN) Judge ahz/