IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 36980 of 2008(B) -------------------------- PETITIONER: --------------- DR.C.S.JAYAKUMAR VATERINARY SURGEON, VATERINARY POLY CLINIC, CHERTHALA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENTS: --------------- 1. STAT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (AHE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ANIMAL HUSBANDRY DIRECTORATE OF ANIMAL HUSBANDRY VIKAS BHAVAN, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.36980 of 2008 -------------------------- Dated this the 18th March,2009 J U D G M E N T The petitioner was appointed as a Veterinary Surgeon in the Animal Husbandry Department on 1.1.1996. While he was working in the Veterinary Dispensary, Adichanalloor, Kollam, he was selected for M.V.Sc (Wildlife Science) Post Graduate Degree Course conducted by the Madras Veterinary College. The duration of the course was two years and he was the only candidate selected from Kerala in the All India Entrance Test conducted by the Tamil Nadu Veterinary and Animal Sciences University, Chennai. The petitioner's application for leave was accepted and he was relived from duty on 11.11.1999. He has successfully completed the course and joined as Assistant Forest Veterinary Officer, Periyar Tiger Reserve, Thekkady as per order dated 15.9.2001 (Ext.P1). 2. The main relief sought for in the writ petition is for a direction to the 1st respondent to treat the period from 11.11.1999 to 18.09.2001 as on duty and to grant all W.P ( C) No.36980 of 2008 2 consequential pay and allowances to the petitioner. The petitioner also seeks for a declaration that he is eligible and entitled to treat the above period as duty for all consequential pay and allowances to him. It is pointed out in the writ petition that he has successfully passed the departmental tests and completed the probation. Petitioner thereafter submitted a representation seeking to treat the period of leave taken by him for academic purpose as duty. That was forwarded as per Exhibit-P4 from the Directorate of Animal Husbandry to the Secretary to Government. Again he submitted a detailed representation before the Chief Conservator of Forests. Exhibit-P5 shows that the same has been forwarded by the Chief Conservator to the Government for appropriate orders. 3. Petitioner submits that he had been moving the Government in the matter by filing repeated representations. It is also pointed out that in respect of other similarly placed persons namely Dr.C.Ibrahimkutty and Dr.P.Vinodkumar, who had attended the M.P.H course from 1.1.1998 to 31.6.1999 and were granted leave for study purposes were allowed to treat their period of leave as duty and they were W.P ( C) No.36980 of 2008 3 given all service benefits. Accordingly, the petitioner has filed a representation on 18.2.2006 which has been forwarded to 1st respondent as per Exhibit-P6. Petitioner further submits that one Dr.S.Raju and Dr.Sibi Antony were granted the very same benefits as per Exhibit-P7 order dated 11.8.2008. Since the petitioner is also a similarly placed person, same treatment has to be meted out to him also if all other conditions are satisfied. The Department has already forwarded the details to the Government for appropriate action after recommending the plea raised by him. In the result, the writ petition is disposed of directing the 1st respondent to consider and pass orders on his representation forwarded along with Exhibit P6 along with the recommendation Exhibits P4 and P5 within a period of three months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.36980 of 2008 4 W.P ( C) No.36980 of 2008 5