IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 30186 of 2005(R) ------------------------------------ PETITIONER: -------------------- AGENS K.L., DEPUTY CHIEF UNIVERSITY EMPLOYMENT INFORMATION & GUIDANCE BUREAU, KERALA AGRICULTURE UNIVERSITY, MANNUTHI, THRISSUR, RESIDINGG AT ALUKKA HOUSE, GOLDEN VALLEY, P.O.ANCHERY, THRISSUR DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP RESPONDENTS: ---------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF LABOUR AND REHABILITATION(G), THIRUVANANTHAPURAM . 2. THE DIRECTOR OF EMPLOYMENT, EMPLOYMENT DIRECTORATE, THIRUVANANTHAPURAM-14. BY GOVERNMENT PLEADER SRI. MOHAMMED NAZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30186 of 2005(R) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A TRUE COPY OF THE OFFICE COPY OF LETTER DATED 6.2.2002 BY THE PETITIONER TO THE DIRECTOR OF STUDENTS WELFARE WITH ENDORSEMENT OF THE SUB INSPECTOR OF POLICE, MANNUTHI POLICE STATION. EXT.P2 - A TRUE COPY OF REPORT DATED 6.2.2002 TO THE 2ND RESPONDENT. EXT.P3 - A TRUE COPY OF REPORT DATED 7.2.2002 TO THE 2ND RESPONDENT. EXT.P4 - A TRUE COPY OF THE REPORT DATED 8.2.2002 TO THE 2ND RESPONDENT. EXT.P5 - A TRUE COPY OF THE CERTIFICATE DATED 8.2.2002 ISSUED BY THE PRINCIPAL ST.THOMA'S COLLEGE. EXT.P6 - A TRUE COPY OF THE CERTIFICATE DATED 13.2.2002 ATTESTED BY THE PRINCIPAL, PRAJYOTHI NIKETHAN COLLEGE, PUDUKKAD. EXT.P7 - A TRUE COPY OF THE CERTIFICATE DATED 15.2.2002 ISSUED BY THE PRINCIPAL, SREE KRISHNA COLLEGE, GURUVAYOOR. EXT.P8 - A TRUE COPY OF THE CERTIFICATE ISSUED ON 16.2.2005 BY THE PRINCIPAL, CHRIST COLLEGE, IRINJALAKUDA. EXT.P9 - A TRUE COPY OF THE COMMUNICATION NO. K4/14722/2002/DE DATED 5/1/2004. EXT.P10 - A TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 14TH DAY OF FEBRUARY 2004 SUBMITTED BY THE PETITIONER UNDER RULE 24 OF THE KCS (CC&A) RULES, EXCLUDING ITS ANNEXURES. EXT.P11 - A TRUE COPY OF THE JUDGMENT DATED 25.3.2004 IN WPC NO. 10504 OF 2004. EXT.P12 - A TRUE COPY OF THE ORDER NO.GO(Rt) NO. 2524/04/LBR DATED 23.09.2004. /TRUE COPY/ PA TO J UDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.30186 OF 2005 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T Challenge is on Exhibit P12 order whereby the petitioner was denied salary for the period from 06.02.2002 to 08.03.2002. It is seen that the matter was pursued by the petitioner before the Government leading to Exhibit P12 order. Paragraph 6 of the said order reads as follows: “....It is found that Smt.Agens could not enter her office during the strike period from 6/2/2002 to 8/3/2002, and therefore her argument by visiting colleges she had performed her duties cannot be acceptable. Her request for attendance certificate for the above period cannot be admissible and hence her request is rejected....”. 2. It is seen from paragraph 3 of the impugned order that the petitioner has been found guilty for not reporting the closure of the office. But it is seen from Exhibits P1 to P4 that the matter had been reported on daily basis. Exhibits P5 to P8 also would show that the petitioner had visited the colleges as part of her duty. These aspects are not seen considered by the Government while passing Exhibit P12 order. There is no point in relegating the petitioner any further to the Government since the W.P.(C) No.30186/05 2 materials produced before this Court and for which there is no counter affidavit also, prima facie show that the petitioner was prevented from entering office, she had reported the matter to the police and that she had attended the colleges. Therefore, Exhibit P12 is quashed and the petitioner shall be entitled to salary and consequential benefits for the strike period, ie. from 06.02.2002 to 08.03.2002. The amount shall be disbursed within a period of two months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.30186/05 3 KURIAN JOSEPH, J. W.P.(C) No. 30186 OF 2005 J U D G M E N T 28.08.2008