V.Krishnan Namboodiri vs Director Of Urban Affairs on 17 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25768 of 2008(P)


1. V.KRISHNAN NAMBOODIRI
                      ...  Petitioner

                        Vs



1. DIRECTOR OF URBAN AFFAIRS
                       ...       Respondent

                For Petitioner  :SMT.SANDHYA RAJU

                For Respondent  : No Appearance

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

 Dated :17/02/2009

 O R D E R
                       T.R. Ramachandran Nair, J.
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                        W.P.(C). No.25768/2008-P
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                 Dated this the 17th day of February, 2009

                           J U D G M E N T

The petitioner was working as Upper Division Clerk in Attingal

Municipality. He is disabled due to impairment vision. He retired from

service on 30/04/2007. It appears that that were certain disciplinary

proceedings against him which was subject matter of consideration by this

Court in Ext.P2 judgment. Pursuant to Ext.P2 judgment, he was posted in

Nedumangad Municipality. Apparently, for regularising the leave period,

he was directed to submit leave applications also. Pursuant to Ext.P4 notice

issued to him, he submitted leave applications as required from 16/09/2005

to 25/05/2006 along with Ext.P5 representation.

2. Ext.P6 is the copy of the forwarding letter by the Municipal

Secretary requesting the respondent Director of Urban Affairs to pass

appropriate orders on the leave applications of the petitioner. Apparently,

because of the delay in regularising the leave period, the petitioner is not

getting the retirement benefits also. The petitioner has filed Ext.P8

representation before the respondent seeking for appropriate orders for

regularising the leave period and treat the same as duty.

W.P.(C) No.25768/2008
-:2:-

3. In Ext.P2 judgment, there is a direction to regularise the

respective period as eligible leave. Going by Ext.P6 communication of the

Municipal Secretary, the matter is pending before the respondent for passing

appropriate orders. The learned counsel for the petitioner seeks to issue a

direction to the respondent to pass orders to enable the petitioner to get the

pensionery benefits. In the result, the writ petition is disposed of directing

the respondent to pass appropriate orders on Ext.P8 representation

submitted by the petitioner. The same shall be done within a period of two

months from the date of receipt of the copy of this judgment. No costs.

(T.R. Ramachandran Nair, Judge.)

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