IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 3185 of 2010(W) ------------------------- PETITIONER(S): --------------- DR. N.C. RAJAN, JUNIOR SUPERINTENDENT (UNDER SUSPENSION), SUB TRESURY, PUDUKKAD, RESIDING AT NOCHIYIL HOUSE, MANNAMPETTA, VARAKARA. P.O., TRISSUR DISTRICT, PIN - 680325. BY ADVS. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, (FINANCE EXPENDITURE), FINANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.3185 OF 2010 -------------------------------------------- Dated this the 1st day of February, 2010 JUDGMENT The petitioner is a Junior Superintendent under the Director of Treasuries. Earlier, he was placed under suspension as per the order of the Joint Director of Treasuries dated 21.3.2009. The petitioner offered his explanation on the allegations, based on which, he was placed under suspension. Later, the Government, as per Ext.P1, ordered for reinstating the petitioner and also directed the first respondent to give him a posting in a Treasury near to Sub Treasury, Pudukkad considering his health conditions. In compliance with the said order, the Joint Director of Treasuries issued Ext.P2 order as per which he was allotted to the District Treasury Officer, Irinjalakkuda with a direction to give appropriate posting in a Treasury near to the Sub Treasury, Pudukkad. The grievance of the petitioner is that despite Exts.P1 and P2 orders, no order has so far been passed giving him a posting as directed. In such situation, the petitioner submitted Ext.P3 representation before the second respondent to give him a posting in terms of Exts.P1 and P2 orders. In Ext.P3 representation, he has pointed out the fact that the post of Junior Superintendent in Pudukkad Sub Treasury is still lying vacant and therefore to give him a post in that vacancy. Despite the receipt of Ext.P3 representation, no orders have so far been passed by the second respondent. W.P.(C) NO.3185 OF 2010 2 2. Exts.P1 and P2 would reveal that after accepting the explanation offered by the petitioner, he was ordered to be given a posting in a Treasury near to Sub Treasury, Pudukkad by the Government as per Ext.P1. Therefore, there is no reason for not implementing the direction in Exts.P1 and P2. According to the petitioner, the vacancy of Junior Superintendent in Pudukkad Sub Treasury itself is lying vacant. It may be a conscious decision taken in Exts.P1 and P2 to post only near to Sub Treasury, Pudukkad and not in the said Sub Treasury itself. That is a matter to be considered by the respondents. At any rate, in the light of Exts.P1 and P2, the request of the petitioner made in Ext.P3 requires consideration. In the circumstances, there shall be a direction to the second respondent to consider and pass orders on Ext.P3, taking in account the orders in Exts.P1 and P2 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.3185 OF 2010 3 C.T. RAVIKUMAR, J. CRL. M.C. NO. O R D E R 3rd June, 2009 W.P.(C) NO.3185 OF 2010 4