IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 19404 of 2007(I) -------------------------- PETITIONER(S) :- ------------------------ DR. LATHA BHASKAR, FORMER DIRECTOR, COMMUNICATION AND CAPACITY DEVELOPMENT UNIT, THAMPANOOR, THIRUVANANTHAPURAM-695 001. RESIDING AT : AMBADY, KP.3/213, MUKKOLA P.O., THIRUVANANTHAPURAM-695 044. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN RESPONDENT(S) :- ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE WATER AND SANITATION COMMITTEE, REPRESENTED BY ITS MEMBER SECRETARY (PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE EXECUTIVE DIRECTOR, KERALA RURAL WATER SUPPLY AND SANITATION AGENCY, PTC TOWERS, THAMPANOOR, THIRUVANANTHAPURAM-695001. 5. COMMUNICATION AND CAPACITY DEVELOPMENT UNIT, PTC TOWERS, THAMPANOOR,THIRUVANANTHAPURAM-695 001 REPRESENTED BY EXECUTVE DIRECTOR, KERALA RURAL WATER SUPPLY AND SANITATION AGENCY. 6. K.G. SURESH BABU, ADDITIONAL PRIVATE SECRETARY TO HON'BLE MINISTER FOR WATER RESOURCES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ANTONY MUKKATH FOR R1 TO 6 SRI.M.DINESH FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 19404 of 2007 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Government order G.O (P) No.08/2004/WRD dated 30.1.2004. Ext.P2 :- Copy of the order G.O (Rt) No.877/2005/WRD dated 28.7.2005 issued by the 1st respondent. Ext.P3 :- Copy of the notification for appointment to various posts in CCDU dated 25.6.2005 which appeared in the New Indian Express Daily in its issue dated 2.7.2005. Ext.P4 :- Copy of the letter No.21929/B2/2005/WRD dated 28.9.2005 issued by the 2nd respondent, the Member Secretary, SWSC to the petitioner. Ext.P5 :- Copy of the Administrative Rules for Kerala Rural Water Supply and Sanitation Agency. Ext.P6 :- Copy of the agreement dated 1.10.2005 entered into between the petitioner and the 3rd respondent. Ext.P7 :- Copy of the minutes of the Sixth Apex Committee meeting of the 3rd respondent convened on 11.1.2007. Ext.P8 :- Copy of the G.O (Rt)No.53/07/WRD dated 11.1.2007 constituting the committee for re-drafting the State Water Policy. Ext.P9 :- Copy of the Government letter No.6348/P2/2007/WRD dated 5.3.2007 issued by the 2nd respondent to the petitioner. Ext.P10 :- Copy of the Note No.134/PS/07/M (WR) dated 5.3.2007 issued from the Hon'ble Minister's Office. Ext.P11 :- Copy of the G.O (Rt) No.367/2007/WRD dated 19.3.2007. Ext.P12 :- Copy of the Government Order in this regard G.O (Rt) No.378/2007/WRD dated 20.3.2007. Ext.P13 :- Copy of the advertisement regarding the launching of the Programme published by the Information and Public Relations Department, Kerala in the Hindu Daily in its issue dated 22.3.2007. Ext.P14 :- Copy of the representation dated 8.6.2007 submitted by the Petitioner before the Hon'ble Chief Minister. WP(C).No. 19404 of 2007 Ext.P15 :- Copy of the Government order G.O (Rt) No.775/2007/WRD dated 11.6.2007. Ext.P16 :- Copy of the report of transfer of charge dated 13.6.2007 submitted by the petitioner before the 4th respondent. Ext.P17 :- Copy of the letter dated 13.6.2007 submitted by the petitioner before the 4th respondent. Ext.P18 :- Copy of the letter No.22549/B2/06/WRD dated 16.10.2006 issued from the office of the 2nd respondent. Ext.P19 :- Copy of the letter No.CCDU/Admin/009/2006 dated 28.10.2006 issued by the Director, CCDU to the Executive Director, KRWSA. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge S. SIRI JAGAN, J. ----------------------------- W.P.(C).No. 19404 OF 2007 ----------------------------------- Dated this the 1st June, 2011 J U D G M E N T The petitioner was working as the Director of Communication and Capacity Development Unit (CCDU) under the Water Resources Department on contract basis. The contract was entered into between the petitioner and the State Water and Sanitation Committee (SWSC). The period of contract was for one year, which expired on 30.09.2006. It was extended for another year by 30.09.2007. But the Government, who is not a party to the contract, issued an order informing the petitioner that the petitioner has ceased to be the Director, CCDU. The said Order, Ext.P15, is impugned in this writ petition. 2. I am of opinion that insofar as the period of contract has already expired long ago on 30.09.2007, there is no point in considering this writ petition on merits and, for the breach of contract, if any, the petitioner has to seek appropriate other remedies available to him under law. Without prejudice to that right, this writ petition is closed. S. SIRI JAGAN, JUDGE smt