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. 26502 of 2008(E) -------------------------- PETITIONER(S): --------------- V. CHANDRAN, FORMER VILLAGE MAN, THRIKKANDIYUR VILLAGE OFFICE, THIROOR TALUK, RESIDING AT VALIPLLAKKAL HOUSE, ARATTUTHARA POST, MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVT. SECRETARIAT, TRIVANDRMUM. 2. THE COMMISSIONER OF RURAL DEVELOPMENT, LMS COMPOUND, TRIVANDRUM-695 033. 3. THE COMMISSIONER OF LAND REVENUE, TRIVANDRUM-695 033. 4. THE DISTRICT COLLECTOR, MALAPPURAM. 5. THE DISTRICT COLLECTOR, WAYANAD. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 26502 of 2008 --------------------------------------------------- Dated this the 12th day of January, 2009 JUDGMENT The petitioner approached this Court seeking for a direction to the respondents to allow him to join duty as L.D.Clerk in the Rural Development Department pursuant to Ext,P1 order, or as Village man in the Revenue Department. 2. Heard the learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondents. 3. The petitioner, while working as Village man in Payyampally Village, Wayanad District was placed under suspension by the 5th respondent as per Order dated 7.10.2006. As per the directions in W.P. (C) No.12662 of 2007 filed by him, his request for revocation of suspension was considered. In the meanwhile, he was appointed as L.D.Clerk in the Rural Development Department as per Ext.P1 order. His request for revocation of suspension was rejected by the fifth respondent as per Ext.P2. Again he approached this Court by filing W.P. (C) No.25350 of 2007 for relieving him from the service pursuant to Ext.P1 order. This writ petition is disposed of as per Ext.P3 judgment. Meanwhile, by Ext.P4 he was reinstated in service as per the recommendation of the suspension Review Committee and posted to wpc:26502 of 2008 2 Malappuram District. Accordingly, he was reinstated in service as Village Man in Thrikkandiyur Village office and joined duty on 1-1-2008. The District Collector, Malappuram as per Ext.P5 order relieved him from duty from revenue establishment. But he could not join in the Rural Development Department and hence he made a request on 5.4.2008 to the fourth respondent not to relieve him from duty till Rural Development agrees to permit him to join duty. This was not considered and he was relieved on 16.4.2008. Ext.P8 is the copy of the joining report dated 17.4.2008. Thereafter, he was informed by the 5th respondent that the second respondent objected the grant of permission to the petitioner to join duty in the Rural Development Department, in view of the pending action against him. In these circumstances, he filed this Writ Petition. 4. As per interim order dated 16.9.2008, this Court directed the District Collector, Wayanad to permit the petitioner to continue as Village Man in Wayanad District and give him a suitable post. Thereafter, he continued as Villageman. What remains to be done is to regularise the service of the petitioner from 17.4.2008 till 16.9.2008. The petitioner cannot be put to blame in this matter as it is pursuant to Ext.P5 and Ext.P7 that he was relieved. This period, will have to be regularised, in accordance with the rules. wpc:26502 of 2008 3 5. The fifth respondent will take appropriate steps in the matter and see that the period from 17.4.2008 to the date of joining pursuant to the interim order passed by this Court on 16.9.2008 will be regularised. The same shall be done within two months from the date of receipt of a copy of this judgment. The other issues raised by the petitioner in the writ petition are left open. The Writ Petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE