Philipose K.P. v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 431 of 2006 (B) -------------------------- PETITIONER(S):

------------- PHILIPOSE.K.P., RETD. CLERK OF ST.JOSEPH'S HIGH SCHOOL, UPPUTHODE, KAVALACKAL HOUSE, MURIKKASSERY P.O., IDUKKI, PIN-685 604.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S):

--------------

1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI.

3. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI DISTRICT.

BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).431/2006(B) APPENDID PETITIONER's EXHIBITS:

Ext.P1-TRUE COPY OF THE OPTION EXERCISED BY THE PETITIONER AS PER GO(P).3000/98 DT.25.11.98 DETAILING THE SANCTIONING OF HIGHER GRADE AND SELECTION GRADE OF THE PETITIONER W.E.F.1.8.97 & 1.6.99 APPROVED BY R3. Ext.P2-TRUE COPY OF THE ORDER DT.30.4.04 IN WP(c).13970/04 OF THIS COURT Ext.P3-TRUE COPY OF THE REPRESENTATION DT.10.6.05 FILED BY THE PEITIONER BEFORE THE RESPONDETNS.

Ext.P4-TRUE COPY OF THE REPRESENTATION DT.28.10.04 FILED BY THE PEITIONER BEFORE THE RESPONDETNS.

Ext.P5- TRUE COPY OF THE REPRESENTATION DT.7.11.05 FILED BY THE PEITIONER BEFORE THE RESPONDETNS.

RESPONDENTS' EXHIBITS: NIL okb.

//true copy// P.A. to Judge.

K.HARILAL, J.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W.P.(C) No.431 of 2006 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 16th day of December, 2015.

JUDGMENT

Government Pleader takes notice for the respondents.

2. This writ petition is filed challenging the delay and inaction on the part of the respondents in disbursing the admissible terminal benefits due to the petitioner and he prayed for issuing a direction to the respondents to disburse admissible terminal benefits due to him forthwith.

3. The petitioner has retired from Government service on 31.5.2004, while working as a Selection Grade Clerk. The petitioner had joined in service as Peon on 29.9.1980 and he was promoted as Clerk on 12.8.1985. It was by reckoning the period of service rendered by him as Last Grade Employee from 29.9.1980 to 12.8.1985 Higher Grade and Selection Grade of the Clerk were sanctioned to the petitioner with effect from 1.8.1997 and 1.6.1999 respectively. However, the

WP(C).431/06-B :2: sanction of higher grade and selection grade by reckoning the last grade service rendered by the petitioner was objected by the Audit party under the respondents and when steps were taken to recover the benefits already disbursed to the petitioner, he approached this Court and filed W.P(C) No.13970/2004 along with others and this Court as per interim order dated 30.4.2004 stayed recovery of the amount from the petitioner. Aggrieved by the non-disbursement of admissible terminal benefits the petitioner filed Exts.P3 to P5 representations one by one, but no action has been taken on any of the said representations so far. This is the grievance projected in this writ petition.

2. Heard the learned counsel for the petitioner and the learned Government Pleader. The learned counsel confined his arguments to the limited relief, issuing a direction to consider and pass orders on his representations.

3. Having regard to the grievance projected in this writ petition, the 3rd respondent is directed to consider and pass orders on Exts.P3 to P5, at the

WP(C).431/06-B :3: earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment, if terminal benefits have not been disbursed to him so far.

This writ petition is disposed of.

Sd/- K. HARILAL, JUDGE okb.