High Court Kerala High Court

K.O.Varkey vs The Government Of Kerala on 13 December, 2007

Kerala High Court
K.O.Varkey vs The Government Of Kerala on 13 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 36817 of 2007(G)


1. K.O.VARKEY, AGED 72 YEARS,
                      ...  Petitioner

                        Vs



1. THE GOVERNMENT OF KERALA, REP. BY
                       ...       Respondent

2. THE CHIEF CONSERVATOR OF FORESTS

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :13/12/2007

 O R D E R
                                     V.GIRI,J.

                              -------------------------

                       W.P ( C) No.  36817 of 2007

                              --------------------------

                 Dated this the 13th  December, 2007


                                J U D G M E N T

The petitioner is aggrieved by Exhibit-P6 order passed by

the Chief Conservator of Forests deciding to impose a penalty of

withholding of 1/3rd of the pension of the petitioner for a period

of two years from the date of his retirement. There is also a

direction that the suspension period from 9.10.1982 to

31.5.1990 shall be treated as duty for all purposes except for the

purpose of calculation of earned leave. The salary for the said

period was limited to subsistence allowance, as already decided

earlier.

In my view, the petitioner has an efficacious remedy before

the Government as against Exhibit-P6. If the petitioner files an

appeal/revision against Exhibit-P6 before the 1st respondent,

within two weeks from today, the same shall be treated as

within time and appropriate decision, in accordance with law,

shall be taken, after hearing the petitioner, within a period of

three months thereafter.

(V.GIRI, JUDGE)

ma

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007