IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 16148 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------ V.SHIBU, S/O.VARGHESE, AGED 28 YEARS (LATIN XIAN NADAR), PERMANENT ADDRESS:V.R.BHAVAN, MOOCHUMUTTAMVILA VEED, THIRUPURAM (TVM). NOW RESIDING AT NELLULI HOUSE, PERUVATTOOR, KOYILANDY, KOZHIKODE DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.M.SAJJAD. RESPONDENT(S): -------------------------- THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16148/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGE OF THE SSLC BOOK DTD. NIL. P2: COPY OF THE ELECTION IDENTITY CARD DTD. 21/04/2001. P3: COPY OF THE IDENTITY CARD DTD. 14/05/2008. P4: COPY OF THE DRIVING LICENCE DTD. 18/02/2005. P5: COPY OF THE MEMO NO.15060/SC1/08/GAD OF ADDL.CHIEF SECRETARY DTD. 07/08/2008. P6: COPY OF THE MEMO NO....DO.... DTD. 23/10/2008. P7: COPY OF THE ...DO...DO.... DTD. 24/04/2009. P8: COPY OF THE ORDER NO.2200/09 OF THE VILLAGE OFFICE, THIRUPURAM DTD. 28/04/2009. P9: COPY OF THE MEMO NO.15060/CIR.C1/08/GAD DTD. 27/05/2009. P10: COPY OF THE ORDER OF THE EMPLOYMENT DIRECTOR DTD. 25/01/1999. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 16148 of 2009 K =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of July, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri. Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner was an applicant for appointment to the post of Full-time Sweeper-cum-Sanitation Worker in the General Administration Department of the Administrative Secretariat. The petitioner belongs to Thiruvananthapuram district. He is presently residing in Kozhikode district. He was selected and appointed, on his name being sponsored by the District Employment Officer, Koyilandi. As per the Employment Registration Card and the Driving Licence, the petitioner is a resident of Kozhikode district. However, the S.S.L.C. Book and the Electoral Card issued to him would show that he belongs to Thiruvananthapuram district. In view of this disparity, when the appeared for verification of documents, the Government felt a doubt as to his identity. Accordingly, Ext.P9 memo was issued keeping in abeyance the appointment order issued by the W.P.(C) No. 16148/09 2 Government till a vigilance investigation is conducted into the question whether the person named in the Electoral Card, the Secondary School Leaving Certificate, the Driving Licence and Employment Registration Card is one and the same. 3. When this writ petition came up for admission on 11-6-2009, this Court while admitting the writ petition passed an interim order directing the Director General of Police to depute an officer of his choice to enquire and ascertain whether the petitioner in this writ petition and the person named in Ext.P1 S.S.L.C. Book, Ext.P2 Electoral Card, Ext.P3 Identity Card issued by the Employment Officer and Ext.P4 Driving Licence issued by the licencing authority at Koyilandy is one and the same person. The Director General of Police was also directed to file a report in this Court through the learned Government Pleader within one month. Pursuant to the directions issued by this Court, the Director General of Police appointed the Deputy Superintendent of Police, Narcotic Cell, Kozhikode to conduct an enquiry into the matter. The said officer, after investigation, filed a report before the Director General of Police, a copy of which is produced along with the report dated 8-7-2009 filed by the Director General of Police. The Deputy Superintendent of Police has after enquiry reported that the petitioner in this writ petition and the person named in Ext.P1 S.S.L.C. Book, Ext.P2 W.P.(C) No. 16148/09 3 Electoral Card, Ext.P3 Identity Card issued by the Employment Officer and Ext.P4 Driving Licence issued by the licensing authority at Koyilandy is one and the same person. 4. In the light of the report submitted by the Director General of Police, I am of the opinion that it is not necessary to conduct an investigation as directed in Ext.P9. I accordingly, dispose of this writ petition with a direction to the respondent to issue orders appointing the petitioner as Full-time Sweeper-cum-Sanitation Worker in the General Administration Department of the Administrative Secretariat. This shall be done within two weeks from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Administration Department. If the order of appointment has already been issued, the same shall be given effect to within the said period. The writ petition is disposed of as above. No costs. P.N.RAVINDRAN, JUDGE. mn.