IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7848 of 2009(A) ------------------------- PETITIONER: --------------- S.RAVEENDRAN,S/O.SUBRAMANIYAN PILLAI, AGED 53,RESIDING AT 12/691(10) SEA PEARL, NEAR HEAD POST OFFICE, COLLEGE ROAD,PALAKKAD. DRIVER (RETD) EXCISE RANGE OFFICE,MANNARKKAD BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (TAXES)DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE EXCISE COMMISSIONR, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL (A&E) OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM -695039. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE,KUZHALMANNAM,PALAKKAD. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7848 of 2009 -------------------------- Dated this the 12th March,2009 J U D G M E N T The petitioner retired from service as Driver from Excise Range Office, Mannarkad on attaining superannuation on 30.11.2008. The grievance raised by him is that his pension and pensionary benefits have not been disbursed so far. While in service the petitioner was suffering from acute back pain and he was on continuous treatment. For the purpose of treatment he was availing leave also. By Exhibit P5 the petitioner was placed under suspension on certain allegations. He approached this Court by filing WPC No.26589 of 2006 challenging Exhibit-P5. This Court by Exhibit-P6 judgment directed the 1st respondent therein to consider the representation of the petitioner to revoke the order of suspension. Thereafter he was reinstated in service by Exhibit-P7 and was posted in Range Office, Kuzhalmannam. Again, he applied for leave as he fell ill W.P ( C) No.7848 of 2009 2 and a representation was filed along with Exhibit-P8. It is stated by the petitioner that due to his illness and anticipating sanction of leave he did not report for duty. There was a surprise check by the Deputy Commissioner of Excise in the office on 18.8.2007. Alleging that he was on unauthorised absence since 31.7.2007 again he was placed under suspension which was revoked as per Exhibit-P10. He was given a posting at Mannarkad Range Office, thereafter, from where he retired from service. 2. Now what remains is to regularise the period of 157 days leave from 1.9.2006 to 5.2.2007 and 426 days from 31.7.2007 to 28.9.2008. 3. Petitioner has already filed representations in the matter. As per Exhibit-P12, he has filed a representation before the Excise Commissioner. 4. Petitioner submits that he has no other means of livelihood and the delay in sanction of pensionary benefits will adversely affect his sustenance also. 5. In the result, the writ petition is disposed of directing respondents 2 and 3 to take a decision on W.P ( C) No.7848 of 2009 3 Exhibit-P12 regarding the sanction of retirement benefits to the petitioner and regularisation of period of leave. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of this judgment along with copy of the writ petition before respondents 2 and 3 for compliance. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.7848 of 2009 4 W.P ( C) No.7848 of 2009 5 (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.7848 of 2009 6 W.P ( C) No.7848 of 2009 7