IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 18936 of 2007(D) PETITIONER: M.K.SURESHKUMAR, S/O. R.KESAVA PILLAI, MANIKOTH HOUSE, VAZHAPPALLY WEST P.O., CHANGANASSERY, (RTD. U.D. TYPIST(SELECTION GRADE), AEO OFFICE, CHANGANASSERY. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), KOTTAYAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHANGANASSERY. 4. THE ACCOUNTANT GENERAL (A & E), KERALA, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM-695 039. BY GOVERNMENT PLEADER SRI.K.R.SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER BEARING NO.B2/13056/00 DATED 19/8/2000 ISSUED BY RESPONDENT NO.2. EXT.P2 TRUE COPY OF THE ORDER OF REINSTATEMENT BEARING NO.B2/13056/2000 DATED 1/8/2001 ISSUED BY RESPONDENT NO.2. EXT.P3 TRUE COPY OF THE APPELLATE ORDER BEARING NO.VI/46272/02/DPI DATED 28/5/2002 ISSUED BY RESPONDENT NO.1. EXT.P4 TRUE COPY OF THE ORDER DATED 22/4/2003 ISSUED BY RESPONDENT NO.3. EXT.P5 TRUE COPY OF THE JUDGMENT DATED 23/7/2003 PASSED BY THIS COURT IN W.P.(C) NO.16657/2003. EXT.P6 TRUE COPY OF THE ORDER DATED 16/10/2003 PASSED BY RESPONDENT NO.3 RELEASING ANNUAL INCREMENTS OF THE PETITIONER. EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 15/4/2007 (EXCLUDING THE ANNEXURES) SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NOS.1, 2 AND 4. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 18936 OF 2007 D -------------------------------------------- Dated this the 5th September, 2008 JUDGMENT The petitioner was working as U.D.Typist (Selection Grade) in the Office of the Assistant Educational Officer, Changanassery. He was placed under suspension as per Ext.P1 order dated 19.8.2000. As per Ext.P2 order dated 1.8.2001, the Deputy Director of Education ordered reinstatement of the petitioner. The disciplinary proceedings were initiated against the petitioner and they were finalized. A punishment of censure was imposed on the petitioner. Petitioner challenged that order in appeal before the Director of Public Instruction, who confirmed the order of censure as per Ext.P3 order dated 28.5.2002. The period of suspension was regularized as eligible leave. The period from 19.8.2000 to 14.10.2000 was directed to be treated as half pay leave/ earned leave while the period from 15.10.2000 to 30.9.2001 was directed to be treated as leave without allowance. 2. Since the subsistence allowance paid to the petitioner was sought to be recovered as per Ext.P4 order dated 22.4.2003, the petitioner challenged the same in W.P.(C) No.16657 of 2003. This Court as per Ext.P5 judgment dated 23.7.2003, quashed Ext.P4 and declared that the petitioner is entitled to get the subsistence allowance for the W.P.(C) NO.18936 OF 2007 D :: 2 :: period he was kept under suspension and the amount disbursed to the petitioner should not be recovered on the ground that there was no leave in his credit. The period from 15.10.2000 to 30.9.2001 was not counted for the purpose of qualifying service for pension. Aggrieved by that, the petitioner preferred Ext.P7 representation to the Director of Public Instruction, the Deputy Director and the Accountant General. Ext.P7 is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “(i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents to disburse monthly pension and other pensionary benefits legally due to the petitioner including Death-cum-Retirement Gratuity, Commuted Value of Pension, Provident Fund and Welfare Fund within such time as this Hon'ble Court may deem fit and proper in the interest of justice; (ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to disburse the pensionary benefits legally due to the petitioner such as Death-cum-Retirement Gratuity, Commuted Value of Pension, Provident Fund and Welfare Fund along with interest at the current marked rate within such time as this Hon'ble Court may deem fit and proper in the interest of justice; (iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents to compute the period of service of the petitioner from 15.10.2000 to 30.9.2001 (11 months and 16 days) which was the regularized period of suspension as leave without allowance towards W.P.(C) NO.18936 OF 2007 D :: 3 :: qualifying service for pension and other pensionary benefits within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and (iv) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 4. Since Ext.P7 is pending disposal, I do not think that the petitioner is entitled to the reliefs, for the present. I am of the view that Ext.P7 can be directed to be considered, leaving open the right of the petitioner to press for other reliefs in case occasion arises. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall dispose of Ext.P7 representation dated 15.4.2007, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/