LAWS(KER)-2010-10-367

C ARAVINDAKSHAN ASAN Vs. STATE OF KERALA

Decided On October 26, 2010
C.ARAVINDAKSHAN ASAN,VASUMATHY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THE petitioner joined service of the Government of Kerala as a Tracer in the erstwhile Public Health Engineering Department on 04.09.1964 and was promoted as Second Grade Draftsman on 21.06.1965. THE petitioner was further promoted as Draftsman Grade-I on 02.06.1971. Subsequently he was absorbed in the Kerala Water Authority and he attained the age of superannuation and retired on 31.10.1997. While the petitioner was working as Draftsman Grade-I, he met with a very serious accident on 30.09.1975 causing very serious damage to his brain, which prompted the petitioner to proceed on leave till 13.07.1976 on medical grounds. THE Government later granted leave without allowances for the said period of absence. Now the petitioner seeks reckoning of that period also as qualifying service for pension, on the ground that leave without allowances have not been excluded for the purpose of reckoning qualifying service except in the cases covered by Appendix XII A of Part I of K.S.R. Detailing this claim petitioner has filed Ext.P4 representation before the 2nd respondent. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P4 as expeditiously as possible.

(2.) I have heard the learned Government Pleader and the standing counsel for the Kerala Water Authority. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P4 as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner.