IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 31289 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------- MR.BABU.S., KARTHIKA HOUSE, THODIYOOR, THAZHAVA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.M.P.MUHAMMAD FAZIL SRI.V.P.MOHAMMED NIYAZ RESPONDENT(S): ----------------------------- KERALA MINERALS AND METALS LTD., (A GOVERNMENT OF KERALA UNDERTAKING), SANKARAMANGALAM, CHAVARA, KOLLAM - 691 587, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV.SRI.E.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31289/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE PHOTOCOPY OF THE ORDER NO.MS/PD/T4/10/426 DTD 1.11.2010 OF THE RESPONDENT. EXT.P-2 TRUE PHOTOCOPY OF THE ORDER NO.MS/PD/T4/11 DTD 10.11.2011 OF THE RESPONDENT. EXT.P-3 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE RESPONDENT ON 13.11.2011. EXT.P-4 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 11.11.2011 IN WPC NO.30023/2011 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.31289 of 2011-I. = = = = = = = = = = = = = Dated this the 24th November, 2011. J U D G M E N T The petitioner, who was working as Junior Male Nurse in the respondent Company, has filed this writ petition seeking the following reliefs: (i) to call for the records relating to Exts.P1 to P4 and issue a writ of mandamus or any other writ or order or direction, commanding the respondent not to terminate the service of the petitioner and permit him to continue till regular hands are appointed; (ii) to issue a direction to the respondent to consider Ext.P3; (iii) to issue a writ of certiorari quashing Exts.P1 and P2 appointment orders to the extent it limit the appointment for a particular period. 2. Counsel for the respondent Company points out that Ext.P2 is dated 11.11.2011 and that as per the said communication, the period of engagement of the petitioner has been extended for three months. The said period will WP(C).No.31289/2011-I. 2 expire only in February, 2012. 3. In view of the fact that the petitioner's service has been extended for a further period of three months by Ext.P2, there is absolutely no ground for the apprehension of the petitioner that he is about to be terminated. Therefore, this writ petition itself is misconceived and lacks any cause of action. 4. The counsel for the petitioner submits that he has preferred Ext.P3 representation to the Managing Director of the respondent Company detailing his personal problems and requesting that his service may be continued. The counsel for the respondent submits that such representation would be considered and appropriate orders passed, without delay. 5. In the above circumstances, this writ petition is disposed of directing the Managing Director of the respondent to consider the grievances of the petitioner set out in Ext.P3, in accordance with law and to pass appropriate orders thereon, as WP(C).No.31289/2011-I. 3 expeditiously as possible extending the term of appointment of the petitioner as per Ext.P2. K.SURENDRA MOHAN, (Judge) Kvs/-