IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 OP.No. 30427 of 2000(V) ------------------------------------ PETITIONER(S): ------------------------- N.GOPINATHAN NAIR, T.C.29/590, KAMALALAYAM, NEAR PUNNAPURAM L.P.S., KAITHAMUKKU, PETTAH P.O., THIRUVANANTHAPURAM. BY ADV. MR.P.RAMAKRISHNAN RESPONDENT(S): -------------------------- 1. SREE CHITHIRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. 2. DIRECTOR, SREE CHITHIRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE & TECHNOLOGY, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. MR.T.R.RAVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.30427/2000 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER IN THE DOMESTIC ENQUIRY HELD AGAINST THE PETITIONER. EXT.P2; COPY OF ORDER (NO.PER&ADMN.I/56/SETIMST/89) DTD. 12/10/89 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF ORDER NO.(PER & ADMN.I/56/SETIMST/90) DTD. 6/02/90 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== O.P.No. 30427 of 2000 ================== Dated this the 30th day of March, 2009 J U D G M E N T In this original petition, the petitioner is challenging Exts.P1, P2 and P3. Ext.P1 is the report of the enquiry officer, wherein in a domestic enquiry against the petitioner on certain allegations of misconducts, the petitioner was found guilty. Ext.P2 is the order of punishment of dismissal from service imposed on the petitioner with effect from 1.7.1988. Ext.P3 is the appellate order reducing the punishment to one of compulsory retirement with effect from 1.7.1988. The petitioner has embarked on several litigations and he reached nowhere on merits, because of technical difficulties in the matter of raising an industrial dispute. In the above circumstances, since, in order to get a decision on merits, the petitioner has to again go through the cumbersome and time consuming process of raising an industrial dispute and getting the same adjudicated before the Labour Court or Industrial Tribunal, the petitioner submits that if the respondents are amenable to compulsory retirement with effect from 12.10.1989, instead of 1.7.1988, he would be satisfied by the same, in so far as, in that case, he would become eligible for pension. I put it to the counsel for the respondents as to whether they are amenable to the said course of action. Today the learned counsel for the 2 respondents submits that the governing body has considered the said suggestion and has taken a decision to treat the compulsory retirement of the petitioner as valid with effect from 12.10.1989 instead of 1.7.1988. This is recorded. The counsel for the respondents submits that some more time would be required for complying with the formalities for effectuating that decision. The respondents shall complete the formalities and pay terminal benefits due to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 30427 of 2000-V ================== J U D G M E N T 30th March, 2009