M.Balasubrahmanian vs The Commissioner on 9 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20668 of 2008(I)


1. M.BALASUBRAHMANIAN, MUSLIAYATH HOUSE,
                      ...  Petitioner

                        Vs



1. THE COMMISSIONER, DEPARTMENT OF LAND
                       ...       Respondent

2. THE ACCOUNTANT GENERAL (A & E)

3. THE DISTRICT COLLECTOR, PALAKKAD.

4. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.PULIKKOOL ABUBACKER

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :09/07/2008

 O R D E R
                         V.GIRI, J
                       -------------------
                    W.P.(C).20668/2008
                       --------------------
            Dated this the 9th day of July, 2008

                       JUDGMENT

Petitioner was appointed as Village Officer in the

year 2001 and he retired from service in 2007. According

to the petitioner, he should rightly have been appointed

in the year 1986 and the delay in the appointment is not

attributable to the petitioner. 5= years of service

rendered by the petitioner is not sufficient to qualify him

for pension and therefore, the petitioner has sought for

ex-gratia pension. He has submitted Ext.P2 in this regard

before the Land Revenue Commissioner.

2. Assuming that there was a delay in the appointment

of the petitioner, due to reasons which are not

attributable to the petitioner, only the Government can

take a decision on the application for ex-gratia pension.

3. In the result, writ petition is disposed of directing

the first respondent to forward Ext.P2 to the fourth

respondent within one month from the date of receipt of a

W.P.(C).20668/2008
2

copy of this judgment. Thereafter, the petitioner may

supplement the representation before the Government

and Government shall take a decision on the

petitioner’s application, within three months thereafter.

V.GIRI,
Judge

mrcs