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.
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W.P ( C) No.36980 of 2008
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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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