IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 26526 of 2007(G) --------------------------------------- PETITIONER: ------------------- A.P.KRISHNAN KUTTY, AGED 59 YEARS, S/O.A.NARAYANAN NAIR, RETIRED HEAD MASTER S N U P SCHOOL, KODUNDIRAPPULLY, PALAKKAD 4, RESIDING AT "GOKULAM", KOOTTUPATHA, P.O MUNDUR, PALAKKAD- 678 592. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE MANAGER, S N U P SCHOOL, KODUNDIRAPPULLY, PALAKKAD-4. R1 & R2 BY GOVERNMENT PLEADER SRI. SANDESH RAJA, R3 BY ADV. SMT.P.K.RADHIKA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26526/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DT. 27/03/2001 IN W.A. NO. 1731/2000. EXT.P.2: COPY OF THE ORDER DT. 31/01/2002 BY THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. EXT.P.3: COPY OF THE REPRESENTATION DT. 30/05/02 BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P.4: COPY OF THE COMMUNICATION DT. 10/03/06 BY THE R.1. EXT.P.5: COPY OF THE REMINDER DT. 16/07/06 BY THE PETITIONER BEFORE R.3. EXT.P.6: COPY OF THE REMINDER DT. 26/07/06 BY THE PETITIONER BEFORE R.5. EXT.P.7: COPY OF THE ORDER NO. G.O.(RT).3146/2010/G. EDN. DTD. 20/07/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 26526 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 J U D G M E N T The petitioner is a retiree from the service of the 3rd respondent's School. He retired from its service on 31.3.2003. While he was in service he was placed under suspension with effect from 5.10.1998. The petitioner had to fight a long legal battle to get reinstatement in to the service. In fact, he was reinstated only on 17.1.2001 . This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondents to regularize the period of suspension and also to disburse retiral benefits to the petitioner. Pending this writ petition Government have considered the claim for regularizing the period of suspension and passed Ext.P7 order dated 20.7.2010. Ext.P7 would reveal that the period of suspension of the petitioner from 5.10.1998 to 17.4.2001 has been regularized as duty for all purposes. Though the petitioner has retired from the service on 31.3.2003, the retiral benefit has not been disbursed to him solely on account of the non-regularization of the aforesaid period of WPC.26526/2007 : 2 : suspension. Now, that the period of suspension has been regularized as per Ext.P7 there is no impediment at all for fixing and disbursing the pensionary benefits due to the petitioner. Accordingly, there will be a direction to the first respondent to fix the pensionary benefits due to the petitioner taking into account Ext.P7 and take appropriate steps for disbursement of the admitted benefits, based on such fixation, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge