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A.MOHAMMED KUNJU versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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A.MOHAMMED KUNJU v. STATE OF KERALA, REPRESENTED BY THE - WP(C) No. 1414 of 2004(R) [2007] RD-KL 4153 (26 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1414 of 2004(R)

1. A.MOHAMMED KUNJU,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

3. THE DEPUTY DIRECTOR OF EDUCATION,

For Petitioner :SRI.P.RAJKUMAR

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :26/02/2007

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.1414 of 2004 Dated 26th February, 2007.

J U D G M E N T

Petitioner is aggrieved by Ext.P3 order passed by the Government. As per the said order, the request of the petitioner for pensionary benefits was rejected. It is stated in the order itself that there was no evidence to prove that the petitioner had applied for leave without allowance from 1.6.1991 and that the petitioner had approached the Department for joining duty on the expiry of the leave and thus ..."your claim is not supported with valid documents." In the counter affidavit also, it is stated that there was no evidence available with the petitioner to establish that he had duly applied for leave without allowance. It is also stated that the petitioner had not reported for duty one year before the date of superannuation. In the above circumstances, the writ petition is dismissed without prejudice to the liberty to the petitioner to approach the Government, in case he has evidence to prove that he had duly applied for leave and he had reported for duty.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 26th February, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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