IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 4353 of 2008(R) ------------------------- PETITIONER(S): ---------------------- M.V.MOHAMMED SHERIEF, AGED 59 YEARS, S/O.THAMPIKUNJU RAWTHER, FORMER DEPUTY TAHSILDAR IN TALUK OFFICE OF THIROORANGADI TALUK, NOW RESIDING AT "JANNATH", PARATHODU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, TIRURANGADI, MALAPPURAM. 5. THE DISTRICT COLLECTOR, MALAPPURAM. 6. THE TAHSILDAR, UDUMBANCHOLA. 7. THE DISTRICT COLLECTOR, IDUKKI. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4353/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF THE ORDER NO.LR.D4.27226/1994 DATED 18.2.2000 OF THE 2ND RESPONDENT DISMISSING THE PETITIOENR FROM SERVICE. EXT.P2: A TRUE COPY OF THE JUDGMENT DATED 23/11/2006 IN OP NO.11481/2003. EXT.P3: A TRUE COPY OF THE LETTER DT 3.2.2004 OF THE 6TH RESPONDENT ADDRESSED TO THE 7TH RESPONDENT. EXT.P4: A TRUE COPY OF THE REPRESENTATION DT 21.2.2006 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: A TREU COPY OF THE LETTER DT 17.3.2006 OF THE 4TH RESPONDENT ADDRESSED TO THE PETITIONER. EXT.P6: A TRUE COPY OF THE AUTHORISATION LETTER DT 19.3.2007 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P7: A TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 26.3.2007 ADDRESSED TO THE 5TH RESPONDENT. EXT.P8: A TRUE COPY OF THE LETTER DATED 8/7/2009 OF THE 4TH RESPONDENT ADDRESSED TO THE 5TH RESPONDENT. EXT.P9: A TRUE COPY OF THE ORDER DT 15.8.2009 OF THE 2ND RESPONDENT, SETTING ASIDE EXT.P1 ORDER OF DISMISSAL. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 4353 OF 2008 (R) ===================== Dated this the 2nd day of November, 2009 J U D G M E N T Petitioner was a Deputy Tahsildar in 1998. At that time, he was involved in a vigilance case resulting in his conviction by the Vigilance Court on 4/11/99. Based on the conviction, he was also dismissed from service as per Ext.P1 order dated 18/2/2000. Though he filed an appeal against the judgment of the Vigilance Court as Criminal Appeal No.883/99, during its pendency, he filed OP No.11481/03 challenging the order dismissing him from service. The Original petition was disposed of by Ext.P2 enabling the petitioner to move the authority concerned. 2. The appeal against the conviction was disposed of by the appellate court and the petitioner was acquitted. Meanwhile, on 31/5/2009, petitioner also attained the age of superannuation. Subsequently, by Ext.P9 order dated 15/8/09, Ext.P1 order dismissing him from service was also set aside. 3. In this writ petition, what the petitioner now complains is that the salary and allowances for the period from 1998 till 18/2/2000 when he was dismissed, have not been disbursed so WPC 4353/08 :2 : far. 4. An affidavit has been filed by the 2nd respondent and Para 4 of which reads as under: On verification of the Service Register of the petitioner, it is seen that the petitioner worked in various office due to his transfer. But the relevant entries made in this effect in Service Register is incomplete. Hence the Service Register of the petitioner was sent to the office of the Special Tahsildar LR, Tirur from where the petitioner transferred to this office. The Special Tahsildar LR Tirur, returned the Service Register to this office after making entry regarding the date of joining of the petitioner and stated in his letter No.A1.264/08 dated 12.3.2009 that there was no record in that office whether the petitioner is paid pay and allowance during the period which he worked in that office. This office addressed the District Collector, Malappuram to seek the orders regarding to drawal and disbursal of arrears of pay and allowance due to the petitioner for the above period and requested to intimate the details of the liabilities, if any, pending against the petitioner. Since the entries made in the Service register of the petitioner is incomplete and also the leave period taken by him was not regularized, this office was not in a position to draw and disburse the arrears of pay and allowance in time. It is stated that this office has taken urgent steps for collecting the service details of the petitioner and also initiate steps to regularize the leave taken by the petitioner and pay and allowances due to the petitioner will be drawn and disbursed at an early date. 5. Therefore, the only impediment as revealed from the counter affidavit is want of particulars in the service book. A reading of this paragraph shows that the search for service WPC 4353/08 :3 : particulars have not reached anywhere. If this uncertainty continues, petitioner is not likely to get monetary benefits allegedly due to him any time in the near future, and this uncertainty cannot be permitted to continue indefinitely. 6. In view of this, I direct the petitioner to produce a copy of this judgment before the 5th respondent, the District Collector, Malappuram, who on production of a copy of this judgment, shall make necessary arrangements to trace out the service details of the petitioner, ensure that details are entered in the service register and the amount allegedly due to the petitioner be released. It is directed that the whole process should be completed by the 5th respondent as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. 7. It is made clear that this judgment deals only with the arrears of salary for the aforesaid period and is not concerning any other claim which the petitioner may have against the respondents. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp