IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11149 of 2009(K) -------------------------- PETITIONER(S): --------------- S.VIJAYAKUMAR, AGED 54, ADMINISTRATIVE ASSISTANT, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE (ESTABLISHMENT-B) SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11149 of 2009 --------------------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT The petitioner is working as Administrative Assistant in the Directorate of Agriculture, Thiruvananthapuram. The petitioner had been absent from duty unauthorisedly without applying for leave from 18.10.2000 to 25.1.2001 and from 1.8.2001 to 13.10.2004. He was awarded a punishment of barring of one annual increment by the second respondent. It is stated in the original petition that the period of absence from 18.10.2000 to 25.1.2001 has been regularised by the second respondent. The remaining period from 1.8.2001 to 8.9.2004 is yet to be regularised. The petitioner, thereafter, submitted application to regularise the period from 1.8.2001 to 8.9.2004. It is ordered by Ext.P5 that the said period will be treated as leave without allowance subject to the condition that it will not be counted for increment, Higher Grade, Earned Leave, Pension etc. 2. Seeking to re-consider the same he filed a further representation reckoning the period on medical grounds which was rejected by Ext.P3. By Ext.P4 he has filed a fresh representation to re-consider the same. The Director of Agriculture as per Ext.P5, has forwarded the representation wpc:11149/2009 2 specifically recommending that, the delay in submitting the application in time may be condoned and his request for reconsidering the sanction of LWA on the medical certificates may be viewed favourably. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. There will be a direction to the 1st respondent to consider and pass orders on Ext.P4 in the light of Ext.P5 recommendation within a period of two months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps