IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 WPC. No. 34343 of 2011 (P) -------------------------- PETITIONER: ---------- LT.COL. (RETD), K.G.RAMACHANDRAN, AGED 67, 14A, AMITY PARK, SKYLINE APARTMENTS, EDAPPALLY, COCHIN - 682 024. BY ADVS.SRI. T.M.MOHAMMED YOUSUFF(SR.) SMT. AYSHA YOUSEFF SMT. MOLLY JACOB SMT. RABIA BEEGAM T.K. SRI. JOBI.A.THAMPI SMT. ARATHI KARUNAKARAN SMT. NITHYA SUGUNAN SMT. NAZMIN ABDUL LATHEEF SMT. ASHIFA TALIS RESPONDENTS: ----------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. SECRETARY, GOVERNMENT OF KERALA, AGRICULTURE (PU) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN GOVERNMENT PLEADER SRI. SHAISON P. MANKUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SP ..1.. WPC. No. 34343 of 2011 (P) APPENDIX PETITIONER'S EXHIBITS:- 1. EXT. P1 - COPY OF THE APPOINTMENT ORDER DATED 05/10/2006 ISSUED TO THE PETITIONER AS MANAGING DIRECTOR. 2. EXT. P2 - COPY OF THE ERRATUM ORDER DATED 25/10/2006. 3. EXT. P3 - COPY OF THE ORDER DATED 31/01/2007 APPOINTING THE PETITIONER AFRESH AS MANAGING DIRECTOR. 4. EXT. P4 - COPY OF THE TERMS AND CONDITIONS OF APPOINTMENT FAXED VIDE GO(RT) NO: 1029/07/AD DATED 15/06/2007. 5. EXT. P5 - COPY OF THE NOTE OF THE MINISTER OF AGRICULTURE FOR TERMINATION OF THE PETITIONER. 6. EXT. P6 - COPY OF THE INTERIM ORDER DATED 21/04/2009. 7. EXT. P7 - COPY OF THE JUDGMENT DATED 02/06/2009 IN WP(C) NO: 12551/2009. 8. EXT. P8 - COPY OF THE GO(RT) 1269/09/AD DATED 20/07/2009 TERMINATING THE SERVICE OF THE PETITIONER AS MANAGING DIRECTOR AND ASKING HIM TO HAND OVER CHARGE TO THE 3RD RESPONDENT. 9. EXT. P9 - COPY OF THE INTERIM ORDER OF THE HON'BLE COURT RESTRAINING THE 3RD RESPONDENT FROM FUNCTIONING AS MANAGING DIRECTOR FOR A PERIOD OF 2 WEEKS. 10. EXT. P10 - COPY OF THE INTERIM ORDER DATED 28/07/2009 IN WPC NO: 21244/2009. 11. EXT. P11 - COPY OF THE ORDER DATED 25/08/2009 PASSED BY THE HON'BLE COURT MAKING TE SAID ORDER ABSOLUTE. 12. EXT. P12 - COPY OF THE JUDGMENT DATED 09/10/2009 IN WRIT APPEAL NO: 1962/2009. 13. EXT. P13 - COPY OF THE ORDER DATED 21/10/2009 OF THE HON'BLE SUPREME COURT IN SLP NO: 27058/2009. 14. EXT. P14 - COPY OF THE ORDE DATED 03/11/2009 OF THE HON'BLE SUPREME COURT DISMISSING THE SLP. 15. EXT. P15 - COPY OF THE ORDER DATED 11/12/2009 APPOINTING MR. RAJENDRA PANICKER AS THE MANAGING DIRECTOR. 16. EXT. P16 - COPY OF THE ORDER DATED 05/06/2009 TERMINATING THE SERVICE OF MR. RAJENDRA PANICKER FROM THE POST OF MANAGING DIRECTOR. SP CONTD. ..2.. ..2.. WPC. No. 34343 of 2011 (P) 17. EXT. P17 - COPY OF THE ORDE DATED 15/07/2011 RE-APPOINTING SHRI RAJENDRA PANICKER AS THE MANAGING DIRECTOR. 18. EXT. P18 - COPY OF THE ORDER DATED 13/10/2011 TERMINATING SHRI RAJENDRA PANICKER FROM THE POST OF MANAGING DIRECTOR. 19. EXT. P19 - COPY OF THE REPRESENTATION DATED 18/05/2011 OF THE PETITIONER SUBMITTED TO THE HON'BLE MINISTER FOR AGRICULTURE AND THE SECRETARY TO GOVERNMENT. 20. EXT. P20 - COPY OF THE REPRESENTATION DATED 01/12/2011 SUBMITTED TO THE HON'BLE MINISTER OF AGRICULTURE WITH A COPY TO RESPONDENTS 1 & 2. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. SP K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 34343 OF 2011 ----------------------------------------------------------- Dated this the 23rd December, 2011. JUDGMENT The petitioner, an Ex-Serviceman had worked as the Managing Director of the Kerala State Warehousing Corporation during 1996-2001. He had been terminated from service, according to him, without any justification as well as in violation of the Act, Rules and regulations that are applicable. The termination of the petitioner is pending consideration of this Court in another writ petition WPC 21244/2009. As per judgment of a Division Bench of this Court in W.A.1962/2009 it has been clarified that the pendency of the writ petition or the interim order passed in the said case would not stand in the way of the competent authority taking appropriate action under Rule 9 of the Kerala State Warehousing Corporation Rules 1969 and the Act. The petitioner has submitted two representations, Exts.P19 and P20 which are pending before the second respondent. He complains that no action has been taken thereon till date. 2. According to the counsel for the petitioner, since the Division Bench has clarified in Ext.P12 judgment that the pendency WPC 34343/2011 2 of the writ petition would not be an impediment in the Government considering the matter, there is no justification for keeping his representations Exts.P19 and P20 pending. The counsel therefore seeks the issue of a direction to the second respondent to consider the representation submitted by the petitioner and to take a decision in the matter. 3. I have heard the learned Govt. Pleader also who submits that since the termination of the petitioner is pending consideration of this Court in a writ petition, no action was initiated on Exts.P19 and P20. It is also submitted that the claim of the petitioner can be considered only after the said writ petition is finally disposed of. 4. Since it has been clarified by the Division Bench in Ext.P12 judgment that the pendency of the writ petition would not be a bar in the Government considering the matter, I do not think that there is any impediment in Exts.P19 and P20 representations being considered. If the Government feels that the claim of the petitioner is not sustainable, appropriate orders disallowing the prayer also can be issued. Therefore, the stand of the Government in refusing to consider Exts.P19 and P20 cannot be justified. WPC 34343/2011 3 5. This writ petition is accordingly disposed of directing the second respondent to consider the representation submitted by the petitioner evidenced herein by Exts.P19 and P20 and after scrutiny thereof to consider and pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 34343/2011 4