IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH JUNE 2007 / 8TH ASHADHA 1929 OP.No. 25651 of 2002(D) ----------------------- PETITIONER: ------------ M.P.SAHADEVAN, S/O. KOCHU PAPPU, MOOKKATHU CHIRAYIL, ALUMPEEDIKA P.O., OCHIRA (VIA), KOLLAM. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. THE STATION MASTER, WATER TRANSPORT STATION, KOLLAM. 2. THE DIRECTOR, DEPARTMENT OF WATER TRANSPORT, ALAPPUZHA. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,WATER TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.T.B.RAMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.43551 OF 2002 IN OP NO.25651 OF 2002 D //DISMISSED// 29.06.2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETIITONER'S EXHIBITS : EXT.P1: TRUE COPY OF APPLICATION DATED 12.3.1995 SUBMITTED BY PETITIONER'S WIFE TO THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF ORDER NO.S.3-9217/94 DATED 27.6.1995 ISSUED BY THE 2ND REPSONDENT. EXT.P3: TRUE COPY OF REPRESENTATION DT.20.5.2000 SUBMITTED BY THE PETITIONER BEFORE TH EHON'BLE CHIEF MINISTER. EXT.P4: TRUE COPY OF APPEAL DATED 15.9.2001 SUBMITTED BY THE PETITIOENR BEFORE THE GOVERNMENT. EXT.P4(a): TRUE COPY OF PETITION FOR CONDONATION OF DELAY DATED 15.9.2001 SUBMITTED ALONG WITH THE APPEAL. EXT.P5: TRUE COPY OF GOVT. ORDER G.O.(MS)N0.10/98/TRANSPORT DATED 9.3.1998. EXT.P6: TRUE COPY OF GOVT. ORDER G.O.(RT)NO.324/98/TRANSPORT DATED 23.9.1998. EXT.P7: TRUE COPY OF JUDGMENT DATED 23.10.2001 IN OP NO.29245/01 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P8: TRUE COPY OF GOVERNMENT ORDER G.O.(RT)NO.217/2002/TRANS. DATED 1.8.2002. RESPONDENT'S EXHIBITS: EXT.R3(a): MEDICAL CERTIFICATE DATED 12.2.1998. /TRUE COPY/ ORDER ON CMP NO.43551 OF 2002 IN OP NO.25651 OF 2002 D //DISMISSED// 29.06.2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETIITONER'S EXHIBITS : EXT.P1: TRUE COPY OF APPLICATION DATED 12.3.1995 SUBMITTED BY PETITIONER'S WIFE TO THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF ORDER NO.S3-9217/94 DATED 27.6.1995 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF REPRESENTATION DT.20.5.2000 SUBMITTED BY THE PETITIONER BEFORE the HON'BLE CHIEF MINISTER. EXT.P4: TRUE COPY OF APPEAL DATED 15.9.2001 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P4(a): TRUE COPY OF PETITION FOR CONDONATION OF DELAY DATED 15.9.2001 SUBMITTED ALONG WITH THE APPEAL. EXT.P5: TRUE COPY OF GOVT. ORDER G.O.(MS) NO.10/98/TRANSPORT DATED 9.3.1998. EXT.P6: TRUE COPY OF GOVT. ORDER G.O.(RT) THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.25651 OF 2002 ------------------------------------------- Dated this the 29th day of June, 2007 JUDGMENT By the impugned Ext.P8, the order removing the petitioner from service was set aside on the ground that proceedings under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960 were not followed. The grievance of the petitioner that led to the institution of this writ petition is that Ext.P8 did not contain further direction that he is re-instated. 2. By interim order dated 12.3.2003 on C.M.P.No.43551/02, this Court noticed that the legal effect of Ext.P8 is that the petitioner was entitled to re-instatement pending finalisation of the proceedings remitted as per Ext.P8. Obviously, the salary due for the period for which he has worked on the basis of such re-instatement is also due to him. Learned counsel for the petitioner submitted that after the entertainment of the writ petition in hand, he had to again move this Court because the Director decided that the period from the date of his absence till OP.25651/02 Page numbers his re-instatement to be treated as absence and that the Government was refusing to decide on the appeal filed by him against that decision. It is submitted that that writ petition has already been disposed of directing the Government to finalise that issue. Though the petitioner submits that the said appeal is yet to be disposed of by the Government, it does not call for any direction in this writ petition. 3. Following Ext.P8 and the aforesaid interim order, it is submitted, that petitioner has since retired from service. If that be so, all that remains is that the proceedings against the petitioner, following Ext.P8, has to be finalised and all consequential decisions in relation to how different periods are to be treated etc, and also disbursal of any outstandings to him have to be finally decided in terms of the manner in which the proceedings remitted as per Ext.P8 concludes. In the result, the writ petition is disposed of directing that steps that are following Ext.P8 shall be finalised within a period OP.25651/02 Page numbers of three months from the date of receipt of a copy of this judgment and all necessary action following such decision will be finalised within two months therefrom. Sd/- THOTTATHIL B.RADHAKRISHNAN Judge kkb. OP.25651/02 Page numbers ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.25651 OF 2002 JUDGMENT 29TH JUNE, 2007. =======================