High Court Kerala High Court

C.Aravindakshan Asan vs State Of Kerala on 26 October, 2010

Kerala High Court
C.Aravindakshan Asan vs State Of Kerala on 26 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32569 of 2010(U)


1. C.ARAVINDAKSHAN ASAN,VASUMATHY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REPRESENTED BY ITS
                       ...       Respondent

2. SECRETARY TO GOVERNMENT,WATER RESOURCES

3. KERALA WATER AUTHORITY,REPRESENTED BY

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :26/10/2010

 O R D E R
                      S. SIRI JAGAN, J.
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                 W.P.(C)No. 32569 of 2010
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          Dated this the 26th day of October, 2010

                        J U D G M E N T

The petitioner joined service of the Government of

Kerala as a Tracer in the erstwhile Public Health

Engineering Department on 04.09.1964 and was promoted

as Second Grade Draftsman on 21.06.1965. The petitioner

was further promoted as Draftsman Grade-I on 02.06.1971.

Subsequently he was absorbed in the Kerala Water

Authority and he attained the age of superannuation and

retired on 31.10.1997. While the petitioner was working as

Draftsman Grade-I, he met with a very serious accident on

30.09.1975 causing very serious damage to his brain, which

prompted the petitioner to proceed on leave till 13.07.1976

on medical grounds. The Government later granted leave

without allowances for the said period of absence. Now the

petitioner seeks reckoning of that period also as qualifying

service for pension, on the ground that leave without

W.P.(C)No. 32569 of 2010
-2-

allowances have not been excluded for the purpose of

reckoning qualifying service except in the cases covered by

Appendix XII A of Part I of K.S.R. Detailing this claim

petitioner has filed Ext.P4 representation before the

2nd respondent. Petitioner seeks a direction to the

2nd respondent to consider and pass orders on Ext.P4 as

expeditiously as possible.

I have heard the learned Government Pleader and the

standing counsel for the Kerala Water Authority. In the

facts and circumstances of the case, I dispose of this writ

petition with a direction to the 2nd respondent to consider

and pass orders on Ext.P4 as expeditiously as possible, at

any rate within a period of three months from the date of

receipt of a copy of this judgment, after affording an

opportunity of being heard to the petitioner.

S. SIRI JAGAN
JUDGE

shg/