IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 1322 of 2008(G) ------------------------- PETITIONER: ------------ K.SADANANDAN, COOK, OFFICE OF THE MARINE SURVEYOR, HYDROGRAPHIC SURVEY WING BEYPORE. BY ADV. SRI.K.SANIL KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE SECRETARY FISHERIES & PORTS (D) DEPARTMENT, SECRETARIAT TRIVANDRUM. 2. THE CHIEF HYDROGRAPHER HYDROGRAPHIC SURVEY WING SASTHAMANGALAM,TRIVANDRUM-10 3. THE MARINE SURVEYOR, HYDROGRAPHIC SURVEY WING BEYPORE. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 1322 of 2008 -------------------------- Dated this the 1st April, 2008 J U D G M E N T According to the petitioner, he was appointed as Cook in the office of the 3rd respondent vide Exhibit P1 order . Exhibit P1 shows that he was appointed on a provisional basis. Thereafter, he served for different spells from time to time. He sought for regularisation of his service and pursuant to the direction issued by this Court in Exhibit P5 judgment, his claim was considered. Thereafter, Government passed a fresh order as Exhibit P6. Relevant portion of Exhibit P6 reads as follows: “ Government have examined the matter in detail again and allowed a personal hearing to the petitioner Shri.Sadanandan on 29.10.2005. Shri.Sadanandan was appointed as Cook in the Hydrographic Survey Wing of Port Department provisionally on 24.1.83 and was allowed to continue in the department provisionally upto 10.8.2005. There are two posts of Cook Cum Bearer and two posts of Cook in the Hydrographic Survey Wing of Port Department attached to Office of the Marine Surveyor Kollam and Beypore. Among them two posts of Cook Cum Bearer was abolished. The post of Cook in which Shri.Sadanandan had worked up to 10.8.2005 is vacant till this time. By taking into consideration of all these facts and by taking a very lenient view in this case and by considering the W.P ( C) No. 1322 of 2008 2 direction from the Hon'ble High Court in WP(C ) No.21800/05 dated 12.8.2005 Government have decided to cancel the letter read as second paper above and to allow Shri.K.Sadanandan to continue as Cook in the Office of the Marine Surveyor, Hydrographic Survey Wing, Beypore purely on provisional basis till his retirement. The Chief Hydrographer, Hydrographic Survey Wing will issue necessary posting orders in this case to Shri.Sadanandan and he will be permitted to continue in service from the date of relief as the High Court has quashed the order read as second paper above.” 2. I am not in a position to find any error of law which vitiates Exhibit P6 as such. Government has taken note of the fact that two posts of cook were abolished earlier and the post of cook in which the petitioner had worked upto 10.8.2005 is vacant even on the date of passing of Exhibit P6 order. 3. In these circumstances, taking a sympathetic view, Government has passed an order permitting the petitioner to continue in service from the date of relief of the petitioner till his retirement. In my view, grievance of the petitioner is substantially redressed. But, non-regularisation of the petitioner's service may have an impact on his retirement benefits. Petitioner may move the Government separately taking note of his entire service for the purpose of pensionary W.P ( C) No. 1322 of 2008 3 benefits, in accordance with law. If such claim is received, it shall be independently considered de hors non- regularisation of the service of the petitioner, as per Exhibit P6. Subject to the above, the writ petition is closed. (V.GIRI, JUDGE) ma W.P ( C) No. 1322 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 1322 of 2008 5 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.