IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23189 of 2011(W) -------------------------- PETITIONER:- ------------------ MOLLYKUTTY K.C., CHIEF GOVERNMNT ANALYST, DRUGS TESTING LABORATORY, DRUGS CONTROLLER DEPARTMENT, RED CROSS ROAD, TRIVANDRUM-695 035. BY ADV. SRI.I.DINESH MENON SRI.T.C.SURESH MENON RESPONDENTS:- --------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695035. 2. SMT.M.GEETHA, DRUGS CONTROLLER, DRUGS CONTROLLER DEPARTMENT, RED CROSS ROAD, TRIVANDRUM-695035. 3. SRI.SATHEESHKUMAR, DEPUTY DRUGS CONTROLLER, DRUGS CONTROLLER DEPARTMENT, RED CROSS ROAD, TRIVANDRUM-695 035. BY GOVT.PLEADER SRI.A.J.VARGHESE FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23189 of 2011(W) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE ORDER NO.GO(RT)NO.2753/2008/H&FWD DTD.12.8.2008. P2: COPY OF THE ORDER NO.GO(RT)NO.2010/H&FWD DTD.17.3.2010. P3: COPY OF THE ORDER IN CRIMINAL MP.NO.585/2010 DATED 25.5.2010. P4: COPY OF THE REQUEST DTD.22.8.2011. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.23189 of 2011-W. = = = = = = = = = = = = = = = = Dated this the 31st August, 2011. J U D G M E N T The petitioner who is working as Chief Government Analyst at Drugs Testing Laboratory, Thiruvananthapuram, filed this writ petition mainly with a prayer to issue a writ of mandamus directing the first respondent to put the petitioner in charge as the Drugs Controller in the absence of the second respondent. The further prayer is to direct the first respondent not to overlook the seniority of the petitioner while giving charge to other persons to function as Drugs Controller, in the absence of the second respondent. Evidently, the petitioner has filed this writ petition based on the presentiment that the regular incumbent holding the post would go on leave. The contention of the petitioner is that on earlier occasions whenever the regular incumbent WP(C).No.23189/2011-W. 2 holding the said post entered on leave, ignoring the seniority of the petitioner, the 3rd respondent was put in charge. It is the contention of the petitioner that the 3rd respondent is a person facing a vigilance enquiry as ordered by the Court of Enquiry Commission & Special Judge, Thiruvananthapuram in Criminal M.P.No.585 of 2010 for offences punishable under Section 13(2) read with Sec.13(1)(d) of the Prevention of Corruption Act and Section 120 B of the Indian Penal Code. In anticipation of occurrence of such an arrangement on this occasion, as well, the petitioner has preferred Ext.P4 representation before the first respondent. The grievance of the petitioner is that despite receipt of Ext.P4 representation no decision was taken thereon. 2. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader for the respondents. In case Ext.P4 is received and is pending, the first respondent shall take a decision thereon WP(C).No.23189/2011-W. 3 with notice to the third respondent as well, as expeditiously, at any rate, within a period of ten days from the date of receipt of a copy of this judgment, provided the regular incumbent is proposing to enter on leave as alleged by the petitioner. The writ petition is disposed of as above. C.T.RAVIKUMAR, (Judge) Kvs/-