IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 7784 of 2008(B) ------------------------- PETITIONER: ------------ K.G.SIVADASAN JOINT CHEMICAL EXAMINER, CHEMICAL EXAMINER'S LABORATORY THIRUVANANTHAPURAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. R.GEETHA,CHIEF CHEMICAL EXAMINER (UNDER SUSPENSION) CHEMICAL EXAMINSER'S LABORATORY, THIRUVANANTHAPURAM,NOW RESIDING AT ;LAVENDER'KSV 121, PALLIMUKKU, PETTA P.O., TRIVANDRUM -24. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF G.O.(RT).1530/07/HOME DATED 7.6.07 ISSUED BY THE 1ST RESPONDENT EXT.P2- TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 10.10.07 EXT.P3- TRUE COPY OF ORDER NO.2985/E4/2008/HOME DATED 29.2.08 ISSUED BY THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).7784/2008 -------------------- Dated this the 1st day of July, 2008 JUDGMENT Petitioner, who is the senior most Joint Chemical Examiner in the Chemical Examiner's Laboratory Department, approached this Court challenging Ext.P3 by which the Government had declined his request for being given full additional charge of Chief Chemical Examiner. The grievance of the petitioner is that while the second respondent was placed under suspension as per Ext.P1 order, normally the charge should have been given to the petitioner but the Director, Forensic Science Laboratory, was put in charge of the post and when this was challenged before the Government, Government rejected the petitioner's request under Ext.P3, essentially pointing out that the plea for reinstatement of the second respondent, on revocation of suspension, is pending consideration. 2. Subsequently, the second respondent has filed a counter affidavit and it is now admitted that she has been W.P.(C).7784/2008 2 reinstated in service as the Chief Chemical Examiner under Ext.P4 order. 3. In the circumstances, the issue highlighted by the petitioner under Ext.P2 and which was not considered by the Government under Ext.P3 does not survive for consideration at this stage. The said issue is left open. Writ petition is accordingly closed. V.GIRI, Judge mrcs