High Court Kerala High Court

Dr.C.S.Jayakumar vs Stat Of Kerala on 18 March, 2009

Kerala High Court
Dr.C.S.Jayakumar vs Stat Of Kerala on 18 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36980 of 2008(B)


1. DR.C.S.JAYAKUMAR
                      ...  Petitioner

                        Vs



1. STAT OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF ANIMAL HUSBANDRY

                For Petitioner  :SRI.S.M.PREM

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :18/03/2009

 O R D E R
                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 1.1.1999. 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

1.1.1999 to 31.10.2001 as on duty and to grant all

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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

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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

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