Regarding petitioner's leave abroad spanning three years which she claimed as service period for pension purpose, court directed Government to treat such period as duty if no fault exists and compute subsistence allowance.
Government directed to treat petitioner's absence period as duty, compute pension, and sanction DCRG within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931
WP(C).No. 10668 of 2008(T) -------------------------------------
PETITIONER(S):
-------------------------
C.LEELA, PEON, CHETTIKULANGARA GRAMA PANCHAYAT, CHETTIKULANGARA, MAVELIKARA, ALAPPUZHA DISTRICT.
BY ADVS.MR.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN
RESPONDENT(S):
--------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR OF PANCHAYATS, ALAPPUZHA DISTRICT.
4. THE SECRETARY, CHETTIKULANGARA GRAMA PANCHAYAT,CHETTIKULANGARA, MAVELIKARA, ALAPPUZHA DISTRICT.
5. THE ACCOUNTANT GENERAL A & E KERALA, THIRUVANANTHAPURAM.
R1 TO R3 & R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.10668/2008
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE G.O.RT.1524/97/LAD DTD. 24.4.97.
P2:- COPY OF THE ORDER NO.E3-4603/2000 DTD. 23.9.03 OF THE 3RD RESPONDENT. P3:- COPY OF THE ORDER NO.AV-4799/2000 DTD. 5.6.01 OF THE 3RD RESPONDENT.
P4:- COPY OF THE JUDGMENT DTD. 15.7.05 IN WP.C. 20967/05 OF THIS HONOURABLE COURT.
P5:- COPY OF THE LETTER DTD. 28.12.05 FROM THE 3RD RESPONDENT TO THE PETITIONER.
P6:- COPY OF THE LETTER DTD. 7.12.06 FROM THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER OF LOCAL SELF GOVERNMENT.
P8:- COPY OF THE LETTER DTD. 9.4.07 FROM THE 3RD RESPONDENT TO THE PETITIONER.
P9:- COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER.
TRUE COPY
P.A. TO JUDGE
tss
V.GIRI,J.
W.P ( C) No.10668 of 2008
Dated this the 30th September,2009
J U D G M E N T
While serving as Peon in the 4th respondent Panchayat, petitioner applied for Leave Without Allowances for taking up an employment abroad which was sanctioned as per Ext.P1 order dated 24.4.1997. According to the petitioner, she entered on leave only from 1.8.1999.
W.P ( C) No.10668 of 2008
2
"In the facts and circumstances, there shall be direction to the 3rd respondent to take up for consideration Ext.P6 representation filed by the petitioner and routed through the Noornad Panchayat as per covering letter dated 09/10/2003 and take appropriate decision, having regard to all relevant facts and the provisions of law and to communicate the order to the petitioner within one month from the date of receipt of a copy of the judgment
W.P ( C) No.10668 of 2008
3
1 and 2.
Accordingly, the writ petition is disposed of in the following terms:-
i. Taking note of Ext.P4 judgment, the Government shall, within two months from the date of receipt of a copy of this judgment, take a decision as regards the manner in which the period of service of the petitioner from 22.3.2002 to 24.9.2003 is to be treated.
ii. It is made clear that the Government shall take a decision in this regard , after considering and verifying whether she had reported for duty on 22.3.2002 and whether she was subjected to idleness till 24.9.2003, for no fault of her. Subject to the decision to be taken by the Government as aforementioned, the pension payable to the petitioner shall be computed and disbursed within two
W.P ( C) No.10668 of 2008
4
months thereafter.
iii. Orders regarding sanctioning of the DCRG due to the petitioner shall be passed, within one month from the date on which the Government takes a decision as aforementioned. Thereupon, subject to any liability, that may be fixed in the case of the petitioner, DCRG shall also be disbursed to the petitioner within the aforementioned time frame.
(V.GIRI,JUDGE)
ma
W.P ( C) No.10668 of 2008
5
W.P ( C) No.10668 of 2008
6
2 issues framed by the court
Whether the petitioner's period of absence from 22.3.2002 to 24.9.2003 should be treated as duty for pension computation.
Whether the petitioner is entitled to DCRG for the said period.
Colour shows how this judgement treated each authority
WP.C. 20967/05Followed¶41
C. Leela
State of Kerala
Director of Panchayats, Thiruvananthapuram
Deputy Director of Panchayats, Alappuzha District
Secretary, Chettikulanga Grama Panchayat
Accountant General A & E Kerala
V. GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
