IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 1548 of 2009(S) ------------------------- PETITIONER(S): --------------- SURESH KUMAR.S., "ABAD", CLOUD 9, PANAMPILLY NAGAR, VIDYANAGAR ROAD, ERNAKULAM, COCHIN 682 020. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.J.R.PREM NAVAZ SRI.T.RAMPRASAD UNNI RESPONDENT(S): --------------- 1. THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA NGO UNION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. ADV. SRI.N.SUGATHAN FOR R3 SMT.VARSHA BHASKAR FOR R3 SRI.S.PRASANTH (AYYAPPANKAVU) FOR R3. GOVT.PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/3/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1548/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF NEWSPAPER REPORT APPEARED IN MATHRUBHOOMI DAILY DT. 5.9.2008. EXT.P2 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITITONER TO THE FIRST RESPONDENT. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C)No.1548 of 2009 -------------------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayers:- i) To declare that all the State Government employees who participated in the strike on 20th of August 2008 held in the State of Kerala are liable to forfeit their salaries on that day in terms of the Rule 14A of KSR Part I and lose that part of salary; ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding Respondents 1 and 2 to recover the salary from all the employees who participated in the strike on 20th of August 2008 in terms of the provisions contained in Rule 14A of KSR Part I. Though the petitioner has sought for a declaration, since the petitioner has already approached the Government in terms of W.P(C)No.1548 of 2009 -:2:- the second prayer, it is only appropriate that the issue as such is addressed by the Government. Therefore, the writ petition is disposed of directing the first respondent to consider Ext.P2 representation keeping in mind Rule 14A of Part I KSR and pass appropriate orders thereon in accordance with law expeditiously. In case the petitioner is interested for a hearing, he may make a request for the same, in which case an opportunity for hearing shall be given to him. We also make it clear that it will be open to the first respondent to afford an opportunity for hearing to the 3rd respondent and other service organisations. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C)No.1548 of 2009 ---------------------------- JUDGMENT 24th March, 2009