High Court Kerala High Court

Prakasha.K vs District Collector on 13 September, 2010

Kerala High Court
Prakasha.K vs District Collector on 13 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22219 of 2010(B)


1. PRAKASHA.K,S/O.DERANNASHETTY,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR,COLLECTOR'S OFFICE,
                       ...       Respondent

2. DISTRICT OFFICER,SOCIAL WELFARE

3. GENERAL MANAGER,KASARAGOD DISTRICT

                For Petitioner  :SRI.M.S.IMTHIYAZ AHAMMED

                For Respondent  :SRI.M.SASINDRAN,SC,KASARGOD DIST.CO.BAN

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :13/09/2010

 O R D E R
                           C.T.RAVIKUMAR, J.
                         ----------------------------
                        W.P.(C)No.22219 of 2010
                         ----------------------------
                      Dated 13th September, 2010

                                JUDGMENT

The petitioner is a person having 50% permanent

disablement. He has submitted Ext.P4 representation before the third

respondent. The contention of the petitioner is that he had been working

under the third respondent Bank from 2.8.1999 to 27.1.2000 and by

virtue of the said service, according to the petitioner, he is entitled to get

the benefit of Ext.P3 Government order. He has taken up such

contention in Ext.P4 representation. In the body of the writ petition

Ext.P4 representation has been described as the representation

submitted by the petitioner on 19.9.2007 whilst what is produced as

Ext.P4 is the copy of the representation submitted on 6.3.2010. That

apart, Exts.P4 and P5 are virtually the same representation. It is

alleging inordinate delay in the matter of disposal of Exts.P4 and Ext.P5

representations that this writ petition has been filed. The contention of

the petitioner is that he had been in the service of the third respondent

Bank between 2.8.1999 and 27.1.2000. Evidently, Ext.P3 Government

order provides certain benefits in respect of persons who have put in

service between 15.8.1998 and 15.8.1999. As noticed hereinbefore, the

contention of the petitioner is that he had submitted a representation on

WP(C).No.22219/2010 2

19.9.2007. In case, such a representation has been received from the

petitioner, the third respondent shall take up the same for consideration.

At any rate, Ext.P4 representation submitted by the petitioner requires a

consideration by the third respondent. In the circumstances, without

making any observation as to the merits of the contentions raised by the

petitioner in this writ petition, it is disposed of with a direction to the

third respondent to consider and pass orders on the representation

submitted by the petitioner on 19.9.2007. In case of its non-receipt

Ext.P4 shall be considered by the third respondent. While considering the

claim the third respondent shall look into Ext.P3 Government order as

well. A decision based on the aforesaid direction shall be taken by the

third respondent expeditiously, at any rate, within a period of two

months from the date of receipt of a copy of this judgment.

C.T.RAVIKUMAR
Judge

TKS