High CourtsSingle Bench(2010) 09 KL CK 0381

P.G. Kurup vs Director General and Additional D.I.G. Cum Commandant

High Court Of Kerala · Decided on 16 September 2010

HON’BLE JUDGES
S. Siri Jagan, J
CASE NUMBER
Writ Petition (C) No. 28641 of 2010 (E)

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Judgment

3 paragraphs · 213 words

S. Siri Jagan, J.—The petitioner was a Head Constable in the CRPF. He was dismissed from service, by Ext.P1 order dated 25.8.1988. After a long legal battle, ultimately, by Ext.P7 order, the 1st respondent directed that now that the petitioner has attained the age of superannuation, no penalty need be imposed on the petitioner and he may be treated as retired on the date of superannuation. But in that order, it was further directed that the period from the date of dismissal to the date of deemed superannuation would be treated as non-duty period for all purposes in terms of Fundamental Rule 54(1). The petitioner is now aggrieved by that direction treating that period as non-duty. The petitioner has filed Ext.P10 representation in this regard before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P10 expeditiously.

2.

I have heard the learned Assistant Solicitor General also.

3.

Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P10, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.