State Of Kerala vs N.G.Joseph
In the light of our answer to the issue referred, we are of the
view that the decision of the Division Bench in V.C.Jose's case
[supra] does not lay down the law correctly and requires to be
overruled. We do so. Further, based on our answer to the reference,
we uphold the decision of the learned Single Judge to the extent it
holds the petitioner entitled to all service benefits for the period from
17.12.2001 to 13.5.2007. We however set aside the judgment of the
learned Single Judge to the extent it finds the petitioner entitled to all
service benefits even for the period from 7.4.1999 to 17.12.2001,
when he was under suspension. His entitlement to pay and
allowances for the said period would ordinarily have to be determined
in accordance with the provisions of Chapter VII of the KSR. Taking
note, however, of the considerable time that has elapsed during the
course of litigation before this Court, we do not deem it necessary to
remit the matter back to the Government for a computation of the
W.A.NO.587/2010 17
said entitlement at this stage. The petitioner will be entitled to retain
the amounts he has already received from the Government towards
his entitlement for the said period.