IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 OP.No. 16599 of 1999(A) ----------------------- PETITIONER: ------------ BY ADV. SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.ELVIN PETER P.J. RESPONDENTS: ------------- BY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON / / , THE COURT ON 05/02/2008 DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.27044/99 IN O.P.No. 16599/99-A //DISMISSED// 5.2.2008 SD/= (P.N.RAVINDRAN, JUDGE.) P.N.RAVINDRAN, J. ---------------------------------------- O.P.No.16599 OF 1999-A ------------------------------------- DATED THIS THE 5TH DAY OF FEBRUARY, 2008 J U D G M E N T Exhibit P6 memo calling upon the petitioner to show cause why disciplinary action should not be taken against him and Exhibit P11 order transferring and posting him as Junior Superintendent at Government Press, Ernakulam without prejudice to such disciplinary action are under challenge in this original petition. The petitioner has also prayed for a writ in the nature of of mandamus directing the respondents to pay him salary for the period from 1.3.1999 till the date on which he re-joined duty at Ernakulam on the basis of Exhibit P11 order. The petitioner has also prayed for a declaration that the period from 1.3.1999 till he re-joined duty at Ernakulam pursuant to Exhibit P11 order, should be treated as duty for all purposes. 2. While working as Junior Superintendent in the Government Central Press, Thiruvananthapuram, by Exhibit P1 order dated 26.2.1999 the petitioner was transferred and posted as Junior Superintendent in the Government Press, Mannanthala in the vacancy which arose on the reversion of Shri P.V.Joseph, as Head Clerk. The petitioner was relieved from the Government Central Press, Thiruvananthapuram on 1.3.1999. Shri P.V.Joseph filed O.P.No.16599/99-A 2 O.P.No.5671/99 in this Court challenging his reversion. By Exhibit P2 interim order passed on 5.3.1999, this Court stayed the reversion of Shri P.V.Joseph from the post of Junior Superintendent to the post of Head Clerk. The petitioner states that though he had submitted Exhibit P3 request dated 8.3.1999 for permission to join duty as Junior Superintendent at Government Press, Mannanthala, in view of Exhibit P2 order and the reinstatement of Shri P.V.Joseph as Junior Superintendent at Government Press, Mannanthala he could not join duty. The petitioner has averred that for not joining duty pursuant to Exhibit P1 order of transfer, Exhibit P6 memo dated 15.3.1999 was issued calling upon him to show cause why disciplinary proceedings should not be taken against him that he thereupon submitted Exhibit P8 reply and that later by Exhibit P11 order dated 24.6.1999, he was transferred and posted as Junior Superintendent in Government Press, Ernakulam without prejudice to the continuance of the disciplinary action against him. This Court had by an interim order passed on 5.7.1999 directed the respondents to disburse the salary due to the petitioner from 1.3.1999 till the date on which he re-joined duty at Ernakulam. 3. I have heard Shri Elvin Peter, the learned counsel appearing for the petitioner and Shri K.Sandesh Raja, the learned Government Pleader appearing for the respondents. The learned counsel appearing O.P.No.16599/99-A 3 for the petitioner submitted that the petitioner has during the pendency of this Original Petition attained age of superannuation and has retired from service. The learned counsel for the petitioner further submitted that Exhibit P6 memo of charges was issued on flimsy grounds and therefore it is liable to be quashed and the period from 1.3.1999 till the date on which he re-joined duty at Ernakulam is liable to be treated as duty for all purposes, including his pension. 4. Since the petitioner has admittedly retired from service, the disciplinary proceedings initiated against him cannot now be continued except for the purpose of determining the loss, if any, caused to the State. Since the petitioner has already retired from service and as the salary for the period from 1.3.1999 till he re-joined duty at Ernakulam has already been paid pursuant to the interim order passed by this Court on 5.7.1999, the reliefs prayed for in the original petition have practically become infructuous. The only question that remains is as to how the period from 1.3.1999 till the date on which the petitioner rejoined duty at Ernakulam should be regularised. That is essentially a matter for the first respondent to decide at the first instance, if orders in that regard have not yet been issued. I accordingly, close the original petition as infructuous, reserving liberty with the petitioner to file a representation before the respondents seeking regularisation of the aforesaid period. O.P.No.16599/99-A 4 Such representation shall be filed within one month from today. If such a representation is filed, the respondents shall consider the same and pass orders thereon within two months from the date of receipt of the said representation. Needless to say that, if any order adverse to the petitioner is passed on the basis of such a representation, he will be free to challenge the same raising all the contentions available to him including the contentions raised in this original petition. The Original Petition is disposed of as above. No costs. P.N.RAVINDRAN, JUDGE. dsn O.P.No.16599/99-A 5 P.N.RAVINDRAN,J. ----------------------- O.P.No.16599/99-A J U D G M E N T 05.02.2008