IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 WP(C).No. 27628 of 2004(L) -------------------------- PETITIONER(S): --------------- M.G.SIVASANKARAN NAIR, SUPERINTGENDENT OF SURVEY AND LAND RECORDS (RETIRED), MANIMALA PUTHENPURA HOUSE, KAKKOOR P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. SMT.I.SHEELA DEVI SMT.REJI RAMACHANDRAN SMT.MINI K.D. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the order No.Sy.A1.15458/98 dated 5.8.1998 issued by the 2nd respondent to the petitioner. Ext.P2. True copy of the Judgment dated 9.10.1998 in OP.No.19356/98 of the Hon'ble high Court of Kerala. Ext.P3. True copy of the order G.O.(Rt) No.253/98/Vig dated 28.9.1998 issued by the Government. Ext.P4. True copy of the order G.O.(Rt) No.5230/98/Rd. dated 16.12.1998 issued by the 2nd respondent to the petitioner. Ext.P5. True copy of the order G.O(Rt) No.2021/99/RD dated 5.5.1999 issued by the Government. Ext.P6. True copy of the dismissal Order NO. Sy. G-977/01 dated 17.11.2001. Ext.P7. True copy of the judgment dated 13.3.2002 O.P.No.6775 of this Hon'ble High Court of Kerala. // true copy // P.A to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27628 OF 2004 (L) -------------------------------------------------- Dated this the 23rd day of November, 2009 J U D G M E N T Petitioner was a Superintendent of Survey and Land Records in the office of the Superintendent of Survey and Land Records. He attained the age of superannuation on 31.5.1999. He was an accused in C.C.No.27/2000, on the file of the Enquiry Commissioner and the Special Judge, Kozhikode. By judgment dated 5.7.2001, petitioner was found guilty and was convicted to imprisonment and fine. 2. Based on the conviction of the petitioner, Ext.P6 order was issued by the 2nd respondent on 17.11.2001, dismissing the petitioner with effect from 30.7.1998. Subsequently, Ext.P8 order was also passed by the first respondent, relying entirely on the judgment convicting the petitioner and canceling the provisional pension that was granted to the petitioner. 3. Meantime the petitioner had filed Criminal Appeal No.693/2001 before this court and it is now submitted that by judgment dated 9.10.2009, the appeal has been allowed and his conviction has been set aside. In view of this, petitioner submits that both Exts.P6 and P8 are illegal and are liable to be set aside. WPC.No.27628/04 :2 : 4. Going by clause(b) of Rule 18 of the KCS(CC&A)Rules, in cases the conviction of Government servant is subsequently set aside in appeal and he is acquitted of the charges, the order of dismissal will cease to have effect and revised orders shall be issued to reinstate him in service, entitling him to all benefits which he would have been entitled, had he been in service. In this case, having regard to the fact that the petitioner had already attained the age of superannuation, though there arises no question of reinstating the petitioner in service, still orders revising Exts.P6 and P8 will have to be passed as provided in the Rules. 5. In order to enable the authorities to pass such orders, Exts.P6 and P8 will set aside and respondents are directed to pass orders as contemplated in Rule 18(b) of the KCS(CC&A)Rules. This shall be done as expeditiously as possible and at any rate within 2 months from the date of production of a copy of the judgment,. Petitioner shall produce a copy of the judgment along with a copy of this writ petition and a copy of the judgment in Crl.A.No.693/01 before the respondents for compliance. vi (ANTONY DOMINIC) JUDGE WPC.No.27628/04 :3 : vi/