IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25544 of 2007(N)
1. K.A.SURENDRAN,ATHIRA,NO.XI/451 A,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF FISHERIES,
3. THE EXECUTTIVE DIRECTOR,
For Petitioner :SRI.S.RAJASEKHARAN NAIR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.25544 of 2007
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Dated 9th June, 2009
JUDGMENT
Heard Sri.G.Sukumara Menon, the learned counsel
appearing for the petitioner and Smt.Anu Simaran, the learned Senior
Government Pleader appearing for the respondents.
2. The petitioner, who retired from service on 31.5.2005
on attaining the age of superannuation has filed this writ petition
aggrieved by the non-disbursement of terminal benefits. The
respondents have filed a counter affidavit in which it is stated that
terminal benefits have not been paid so far for the reason that the
petitioner had overstayed on deputation during the period from
2.2.1994 to 31.5.2005 and that though the Government had called for
certain documents from the petitioner to regularise the overstay on
deputation, he did not furnish the details and therefore orders
regularising such overstay have not been passed so far.
3. The pleadings disclose that the petitioner was on
deputation during the period from 2.2.1994 to 31.5.2005. It is stated
that a certificate of officiation for the period from 2.2.1994 to
31.5.2005 was forwarded to the Accountant General and that the
Accountant General had requested the Government in letter dated
WP(C).No.25544/2007 2
28.3.2008 to issue orders regularising the overstay period from
26.09.1996 to 31.05.2005 for settlement of his pensionary claims. It
is also stated that the Accountant General had reported that the pay of
the petitioner has not been regularised from 10.05.1990 onwards for
granting him increments and fixation of pay pursuant to the 1992,
1997 and 2004 pay revision orders. Ext.P4 discloses that the
petitioner had informed the Director of Fisheries about the details of
his service during the period from 9.5.1990 to 31.5.2005. Paragraph
3 of the counter affidavit filed on behalf of the second respondent
discloses that a certificate of officiation for the period from 2.2.1994 to
31.5.2005 has been forwarded to the Accountant General. From the
pleadings it appears that the only reason for not settling the
petitioner’s pensionary claims is that the Government are yet to pas
orders regularising the service of the petitioner from 26.9.1996 to
31.5.2005 on deputation. Yet another reason stated is that the
petitioner has not been given the benefits of the 1992, 1997 and 2004
pay revision orders. In these circumstances, as more than five years
have passed after the petitioner retired from service, I dispose of this
writ petition with the following directions:
The Secretary to Government, Fisheries Department shall
within four months from today, issue orders regularising the service of
WP(C).No.25544/2007 3
the petitioner for the period from 26.9.1996 to 31.5.2005. He shall
also direct the competent authority among the respondents to issue
orders fixing the pay of the petitioner in implementation of the 1992,
1997 and 2004 pay revision orders. The fixation of pay shall also be
made and arrears of salary and allowances if any disbursed within four
months from today. The pensionary claims of the petitioner shall be
settled thereafter, expeditiously and in any event within another period
of two months. In order to enable the Secretary to Government,
Fisheries Department to act as directed above, the petitioner shall
produce a certified copy of this judgment along with a copy of this writ
petition and the counter affidavit filed on behalf of the second
respondent before him.
P.N.RAVINDRAN
Judge
TKS