IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6239 of 2008(P)
1. R.BALACHANDRAN, RATIONING INSPECTOR,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE COMMISSIONER,FOOD AND CIVIL SUPPLIES
3. THE DIRECTOR, FOOD AND CIVIL SUPPLIES,
4. THE KERALA CIVIL SUPPLIES CORPORATION
For Petitioner :SRI.R.RAJASEKHARAN PILLAI
For Respondent :SMT.MOLLY JACOB,SC,SUPPLYCO
The Hon'ble MR. Justice V.GIRI
Dated :22/02/2008
O R D E R
V.GIRI,J.
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W.P ( C) No. 6239 of 2008
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Dated this the 22nd February, 2008
J U D G M E N T
According to the petitioner, he is entitled to third Higher
Grader on completion of 23 years of service with effect from
September 2004. This is disputed by the respondents essentially
on the ground that a period of 214 days of leave without
allowances, for want of medical certificate, is yet to be
sanctioned. By Exhibit P2 order only a portion of the said leave
was directed to be treated as eligible. This is, inter alia, on the
premise that leave account is not properly maintained and it has
to be reconstituted.
2. Thereafter, by Exhibit P5 order, the Director of Civil
Supplies has required the District Supply Officer, Kannur to
require the petitioner to submit an option for Third Higher
Grade with effect from 5.6.2005 and by Exhibit P7 order the
Director of Civil Supplies sanctioned Third Higher Grade with
effect from 1.8.2006 in the scale of Rs.9100-15510.
3. According to the petitioner, he is entitled to Third
Higher Grade with effect from 22.9.2004. He further submits
W.P ( C) No. 6239 of 2008
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that the entire leave sought on medical grounds ought to be
granted. Petitioner has brought these facts to the notice of the
Government by Exhibit P8 which is still pending.
4. I heard the learned counsel for the petitioner, the
learned Government Pleader and the learned standing counsel
for the Civil Supplies Corporation.
In my view, the petitioner’s claim is eligible to be
considered by the Government treating Exhibit P8 as an
objection against Exhibit P7 in so far as it relates to the
petitioner’s claim for Third Higher Grade on completion of 23
years service with effect from 22.9.2004. Government shall pass
orders on Exhibit P8 after perusing the service book of the
petitioner along with the records produced by the petitioner by
way of medical certificate and other documents. Orders shall
be passed within a period of four months from the date of receipt
of a copy of this judgment.
The writ petition is disposed of as above.
(V.GIRI, JUDGE)
ma
W.P ( C) No. 6239 of 2008
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K.THANKAPPAN,J
CRL.A. NO.92 OF 1999
W.P ( C) No. 6239 of 2008
2
ORDER
25th May, 2007