IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 4303 of 2009(K) ------------------------- PETITIONER: --------------- T.A. ABDUL SALAM DIRECTOR (DRINKING WATER) UNDER SUSPENSION KERALA TOTAL SANITATION AND HEALTH MISSION THIRUVANANTHAPURAM. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE DEPARTMENT OFLOCAL SELF GOVERNMENT (RURAL DEVELOPMENT), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR RURAL DEVELOPMENT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE DIRECTOR, KERALA TOTAL SANITATION AND HEALTH MISSION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.4303 of 2009 -------------------------- Dated this the 16th March,2009 J U D G M E N T The petitioner has approached this Court seeking for a direction to the 1st respondent to issue a posting order consequent on his reinstatement in service. As per order dated 27.9.2008, the Government ordered reinstatement of the Officer who was placed under suspension without prejudice to the disciplinary action pending against him. 2. Learned counsel appearing for the petitioner submitted that the petitioner is no more and therefore the rights of the legal representatives to get family pension and other benefits survives. The deceased petitioner was reinstated in service subject to the disciplinary action which was pending against him. Since the petitioner is no more, the Government will have to pass appropriate final orders in the matter expeditiously. After passing final orders, the claim regarding the payment of family pension will also be decided. If any of W.P ( C) No.4303 of 2009 2 the legal representatives are aggrieved by the delay in grant of family pension and other benefits, they can approach this Court, if required again. Subject to the above, the writ petition is closed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.4303 of 2009 3 W.P ( C) No.4303 of 2009 4