IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 38181 of 2008(U) -------------------------- PETITIONERS --------------- M.MUHAMMED HUSSAIN, DEPUTY TAHSILDAR, NATIONAL HIGHWAY DEVELOPMENT PROGRAMME (LA) NO.2, CHEMBUKAVU, THRISSUR-20. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: --------------------- 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPT.OF REVENUE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, MUSEUM, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.38181 of 2008 -------------------------- Dated this the 12th January,2009 J U D G M E N T The petitioner was placed under suspension by Exhibit-P8 order dated 14.8.2008. His suspension was ordered under Rule 10 of the Kerala Civil Services (classification, control and appeal) Rules, 1960 pending disciplinary action. At that time, he was working as Deputy Tahasildar, Taluk Office, Ranni. Petitioner sought for revocation of order of suspension before the competent authority by filing Exhibit-P10 and by Exhibit- P11, order of suspension has been revoked by the Land Revenue Commissioner. By the said order he has been ordered to be reinstated. But at the same time has been given a posting in Thrissur District. Reinstatement was ordered in view of the fact that a comprehensive investigation by the Vigilance and Anti Corruption Bureau is envisaged. 2. The grievance raised by the petitioner is that he has only obeyed the direction contained in Exhibit-P1 W.P ( C) No.38181 of 2008 2 and therefore he could have been considered for a posting in the very same district. He has to retire from service on 31.10.2010. It is also submitted that he is a heart patient and was subjected to three major heart attacks. His wife is working as a Teacher at Government Higher Secondary School, Mancode in Pathanamthitta District. He is inter- caste married as his wife belongs to Hindu community. 3. In these circumstances, he has filed Exhibit-P13 representation before the Government seeking for a modification of Exhibit-P11 order as far as it directs the petitioner to be posted in Thrissur District. 4. Therefore, there will be a direction to the 1st respondent to consider and pass orders on Exhibit-P13, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.38181 of 2008 3 W.P ( C) No.38181 of 2008 4