High Court Kerala High Court

K.Unnikrishnan Namboodiri vs State Of Kerala on 17 January, 2011

Kerala High Court
K.Unnikrishnan Namboodiri vs State Of Kerala on 17 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26236 of 2009(Y)


1. K.UNNIKRISHNAN NAMBOODIRI
                      ...  Petitioner

                        Vs



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

2. DEPUTY DIRECTOR OF EDUCATION, KANNUR.

3. ASSISTANT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.K.S.MADHUSOODANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :17/01/2011

 O R D E R
                       T.R. Ramachandran Nair, J.
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                      W.P.(C) No. 26236 of 2009-Y
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             Dated this the 17th day of January, 2011.

                                JUDGMENT

The petitioner herein is working as a Peon in Kannapuram East U.P.

School from 22.6.1994 in a leave vacancy. One shri Baburajan had taken

leave without allowance as per Appendix XIIA of K.S.R.

2. The complaint is regarding the denial of bonus/festival allowance

from 2004-2005 onwards. The petitioner was paid the same till the year

2004. Even though representations have been filed in the matter, no action

was taken.

3. Heard learned counsel for the petitioner and learned Govt. Pleader.

Learned counsel for the petitioner pointed out that Ext.P4 circular issued by

the Government is not applicable to the petitioner as there is no duel claim.

4. Learned Govt. Pleader brought to my notice for perusal a letter

dated 15.3.2010 of the Additional Chief Secretary (Finance) to the effect

that “as the possibility of duel claim can be ruled out in this particular case,

necessary steps will be taken to disburse the special festival allowance from

2004-2005 to 2008-2009.” Therefore, it is requested that the writ petition

may be disposed of for enabling them to take action in the matter. Learned

wpc 26236/2009 2

counsel for the petitioner submits that for the year 2009-2010 also the

petitioner will be eligible, as the person who is on leave, has not joined so

far.

5. Therefore, the writ petition is disposed of directing respondents 2

and 3 to take appropriate action to see that the eligible benefits are

disbursed to the petitioner without further delay and the action will be

fianlised and amounts will be disbursed within a period of two months from

the date of receipt of a copy of this judgment.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/