IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 14688 of 2008(W) ------------------------------------------ PETITIONER: --------------------- VINODH M.K., S/O M.KUNJAPPAN, AGED 29 YEARS, PAVITHRAM HOUSE, OATTURKKAD, INDUSTRIAL ESTATE, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------------------ 1. THE ADDITIONAL DIRECTOR GENERAL OF POLICE(PRISONS), JAIL HEAD QUARTERS, TRIVANDRUM. 2. THE SUPERINTENDENT, CENTRAL PRISON, KANNUR. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, PALAKKAD. 4. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., LOCAL SELF GOVT.(E.P.A)DEPT., SECRETARIAT, TRIVANDRUM. *ADDL.R5 & R6 ARE IMPLEADED: R5. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPUAM. R6. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION,PALAKKAD. (*ADDL.R5 & R6 ARE IMPLEADED AS PER ORDER DTD. 26/05/2008 IN I.A.NO.6102/08) **ADDL.R7 IS IMPLEADED: R7. THE SUPERINTENDENT, SUB JAIL, CHITTUR. (**ADDL.R7 IS IMPLEADED AS PER ORDER DTD. 28/07/2008 IN I.A.NO.9247/2008) BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR - R2 BY SRI.ALEXANDER THOMAS,SC,KPSC – ADDL. R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14688/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 4/10/2007 OF THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER DTD. 17/12/2007 OF THE DEPUTY DIRECTOR OF PANCHAYATS,PALAKKAD. EXT.P3: COPY OF THE ORDER DTD. 13/01/2008 OF THE 3RD RESPONDENT. EXT.P4: COPY OF THE ORDER DTD. 03/03/08 OF THE D.I.G.OF PRISONS (NORTH ZONE) KOZHIKODE. EXT.P5: COPY OF REPRESENTATION BEFORE THE 1ST RESPONDENT. EXT.P6: COPY OF THE NOTICE DTD. 26/04/2008 OF THE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER DTD. 03/05/2008 OF THE 4TH RESPONDENT. EXT.P8: COPY OF THE ORDER DTD. 03/06/2008 OF THE 2ND RESPONDENT. EXT.P9: COPY OF THE ORDER DTD. 13/06/08 OF THE 6TH RESPONDENT. EXT.P10: COPY OF THE PROCEEDINGS DTD. 14/06/2008 OF THE SUPERINTENDENT, SUB JAIL, CHITTUR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 14688 of 2008 -------------------------- Dated this the 28th July, 2008 J U D G M E N T While working in the Jail Department as a Warden, the petitioner was placed under suspension pending disciplinary enquiry in connection with an incident relating to a convict jumping jail. In the meanwhile, petitioner had already applied for the post of L.D Clerk in the Local Self Government Department. Pursuant to the advice made by the P.S.C, by Exhibit-P2 order passed by the Deputy Director of Panchayats, Palakkad, he was posted as L.D. Clerk in the Karimba Grama Panchayat. But he could not be relieved from the Jail department because as he was still facing disciplinary proceedings. He therefore requested for 45 days time to join duty. This was granted under Exhibit-P3. Though his suspension was revoked and he was reinstated in service as per Exhibit-P4, he was still not been relieved. Petitioner was again granted 15 days time to join duty. By Exhibit-P7 W.P ( C) No. 14688 of 2008 2 order issued by the 4th respondent, the Government informed the petitioner that if he fails to join duty within the extended time, the vacancy will be treated as NJD vacancy and so reported to the Public Service Commission. It is this,which has been challenged in this writ petition. 2. After hearing counsel on both sides, an order was passed on 26.5.2008 whereby there was a direction to the Public Service Commission to see that the vacancy to which the petitioner was advised may not be treated as non-joining duty vacancy except after getting orders from this Court. 3. A statement has been filed on behalf of the 2nd respondent, wherein, it is affirmed that ultimately No- objection certificate has been issued by the Prison Headquarters on 31.5.2008 and on 3.6.2008, on his own request, he was relieved of his duties from the Central Prison, Kannur. But petitioner was not permitted to join duty in the Local Self Government Department apparently on the premise that the interim order passed by this Court on 26.5.2008 merely directed that the PSC should not treat W.P ( C) No. 14688 of 2008 3 the vacancy as NJD vacancy except after getting orders from this Court. 4. The net result is that the petitioner could not take charge in the Local Self Government Department and he reported back to the Jail Department,wherein he was permitted to rejoin duty , as evidenced by Exhibit-P10. 5. I heard learned counsel for the petitioner Sri. Jacob Sebastian and learned Senior Government Pleader Sri.Nandakumar and learned standing counsel for the Public Service Commission. 6. Learned standing counsel for the Public Service Commission submits that though the appointing authority originally reported the vacancy as NJD vacancy and Public Service cancelled it, subsequently, taking note of the order passed by this Court, that position was reviewed and the said vacancy, as of now, is kept pending. There are other vacancies in the post of L. D Clerk in the Local Self Government Department. Learned Senior Government Pleader refers to Rule 130 and 134 of Part I of the K.S R and points out that an extension of the joining time beyond W.P ( C) No. 14688 of 2008 4 a period of 45 days can be granted only by the Government. But the Government granted 45 days in the first instance and thereafter another 15 days. Due to the pendency of disciplinary proceedings against the petitioner, he was not relieved from the Jail Department. Petitioner cannot compell the Government to relieve him from his duties. Without going into the said issue, I am of the view that in circumstances where the petitioner was relieved of his duties in the Jail Department pursuant to a No-objection certificate from the Prison Headquarters, Public Service Commission may issue a fresh advice to the petitioner against the same vacancy. But since neither the Government nor the Public Service Commission can be blamed for the predicament in which the petitioner is placed, petitioner will be entitled to seniority in the Local Self Government Department only on the basis of the fresh advice to be issued by the Public Service Commission. Accordingly, Exhibit-P9 is quashed. The writ petition is disposed of directing the Public Service Commission to issue a fresh advice to the petitioner against the same W.P ( C) No. 14688 of 2008 5 vacancy to which he was advised earlier and Exhibit-P9 already issued by the Public Service Commission need not stand in the way of Public Service Commission doing so. This shall be done within a period of three weeks from the date of receipt of a copy of this judgment. Thereupon, fresh posting orders shall be issued by the Deputy Director of Panchayats, within a period of two weeks from the date of advice from the Public Service Commission. On such posting orders being issued, petitioner shall be relieved from the Jail Department by the 7th respondent, within one week from the date of the receipt of posting orders being produced before him. It is open to the petitioner to join at the new station within seven days from the date on which he is relieved from the Jail Department. (V.GIRI, JUDGE) ma W.P ( C) No. 14688 of 2008 6 W.P ( C) No. 14688 of 2008 7