IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35987 of 2008(H)
1. VINCENT PRASAD, AGED 47 YEARS,
... Petitioner
Vs
1. THE SECRETARY, LEGISLATURE SECRETARIAT,
... Respondent
For Petitioner :SRI.K.S.MANU (PUNUKKONNOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :15/12/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO: 35987 of 2008
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Dated this 15th day of December, 2008
JUDGMENT
Heard Sri.K.S.Manu, the learned counsel appearing for the
petitioner and Smt.Anu Sivaraman, the learned Government Pleader
appearing for the respondents.
2. The petitioner is presently working as Museum Guide in the
Kerala Legislature Secretariat. While he was working as Hotel
Attender, he was placed under suspension following his arrest in a
criminal case by order dated 05.10.2002 with effect from 5-9-2002. The
petitioner was acquitted in the criminal case. Thereupon by Ext.P1
Government order dated 2-11-2005 the order of suspension was revoked
and he was reinstated in service. By Ext.P1 order, the Government also
ordered that orders regarding regularisation of the period of suspension
will be issued later. The petitioner states that he thereafter moved the
Government and by Ext.P2 order dated 15-5-2006 issued under Rule 56
(2) (ii) of Part I of the Kerala Service Rules, the Government ordered
that the period of suspension will be treated as duty and that the said
period will also be counted for all service benefits. The grievance voiced
by the petitioner in this Writ Petition is that notwithstanding Ext.P2
order, the monetary benefits flowing therefrom have not so far been
disbursed. He submits that he has moved the Secretary, Kerala
Legislature Secretariat in Ext.P3 representation dated 21-8-2008
WPC:35987/2008
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claiming service benefits during the period of suspension. The petitioner
further submits that his daughter is under going the Nursing Course in the
State of Andra Pradesh, that he has to meet the expenses of her education
and that unless the monetary benefits consequent on Ext.P2 are
expeditiously disbursed, he will be put to irreparable injury.
3. I have considered the submissions made at the Bar by the learned
counsel appearing on either side. Ext.P2 discloses that the petitioner is
entitled to all service benefits during the period when he was placed under
suspension and that the period of suspension will also be counted as period
spent on duty. Ext.P2 order was passed as early as on 15-5-2006 and
nearly 30 months have passed thereafter. Such being the situation, I
dispose of the writ petition with a direction to the Secretary, Kerala
Legislature Secretariat to pass orders on Ext.P3 representation giving
effect to Ext.P2 Government order and to disburse to the petitioner the
monetary benefits that he is entitled to thereunder, within six weeks from
the date on which the petitioner produces a certified copy of this
judgment.
P.N.RAVINDRAN,
JUDGE
bps