IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 30273 of 2011(H) ------------------------------------------ PETITIONER(S): ------------------------- P.SHYAMDAS, SON OF MADHAVAN, AGED 36 YEARS, AGRICULTURE ASSISTANT, KRISHI BHAVAN, KUNNAMANGALAM, KOZHIKODE DISTRICT. BY ADVS. SRI.V.A.MUHAMMED, SRI.M.SAJJAD. RESPONDENT(S): --------------------------- 1. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM-695 001. 2. THE PRINCIPAL, AGRICULTURAL OFFICE, CIVIL STATION, KOZHIKODE DISTRICT - 673 020. 3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, KUNNAMANGALAM, KOZHIKODE DISTRICT - 673 571. BY SR.GOVERNMENT PLEADER SRI. LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30273/2011 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER'S MOTHER DTD. NIL. EXT.P2 TRUE COPY OF THE ORDER NO.E(2)/9070/2008 OF THE PRINCIPAL KRISHI OFFICER DTD. 26/10/2009. EXT.P2(A) TRUE COPY OF THE ORDER NO.E(2)/8944/09 OF THE PRINCIPAL KRISHI OFFICER DTD. 15/12/2010. EXT.P2(B) TRUE COPY OF THE ORDER NO.KBK 1/2010-2011 OF THE KRISHI OFFICER DTD. 15/12/2010. EXT.P3 TRUE COPY OF THE ORDER NO.TA(3)3841/05 OF THE PRINCIPAL AGRL. OFFICER DTD. 07/07/2005. EXT.P4 TRUE COPY OF THE ORDER NO.A.30/11-12 OF THE ASST. DIRECTOR OF AGRICULTURE DTD. 14/06/2011. EXT.P4(A) TRUE COPY OF THE ORDER NO.A30/11 OF THE ASSISTANT DIRECTOR OF AGRICULTURE DTD. 18/07/2011. EXT.P5 TRUE COPY OF THE ORDER NO.KKB.1/2008-09 OF THE KRISHI OFFICER DTD. 02/06/2008. EXT.P6 TRUE COPY OF THE ORDER NO.E(2)/3278/04 OF THE PRINCIPAL KRISHI OFFICER DTD. 01/04/2004. EXT.P7 TRUE COPY OF THE ORDER NO.E(2)/6608/2011 OF THE PRINCIPAL KRISHI OFFICER DTD. 29/10/2011. EXT.P8 TRUE COPY OF THE APPEAL FILED BEFORE THE DIRECTOR OF AGRICULTRUE DTD. 05/11/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 30273 OF 2011 ----------------------------------------------------------- Dated this the 14th November, 2011. JUDGMENT The petitioner who is working as Agricultural Officer in Krishi Bhavan, Kunnamangalam in Kozhikode district has filed this writ petition challenging Ext.P7 order by which he has been deputed special duties during the current year also. The special duty assigned to him is to collect coconut seeds for the purpose of breeding. The counsel for the petitioner places reliance on Ext.P2 series to Ext.P6 to contend that for the past three years he had been continuously deputed for such special duties which necessitated him to be away from his home for days together. The petitioner submits that his mother who is a mentally ill person needs his constant attention and care. Therefore, in his present situation, he is not in a position to undertake the special duties that are assigned to him. It is the contention of the petitioner that there are various other juniors who have not been assigned such special duties in the past and therefore, he may be spared at least for the current year so that he would be able to attend to his ailing mother. WPC 30273/2011 2 2. The petitioner has set out his grievance in Ext.P8 representation that he has submitted to the first respondent. However, he complains that no orders have been passed thereon till date. 3. I have heard the learned Govt. Pleader also. The Govt. Pleader points out that Ext.P7 has been issued only as a temporary measure for the purpose of seeing that the special duties are attended to until the agricultural assistants who have been selected for appointment, join duty. However, since Ext.P8 is pending, he assures that the same would be considered and disposed of without delay. 4. In the above circumstances this writ petition is disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P8 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. Until final orders are passed on Ext.P8 there shall be a stay of operation and implementation of Ext.P7 to the extent it relates to the petitioner. Before final orders WPC 30273/2011 3 are passed on Ext.P8, the petitioner shall be afforded an opportunity of being heard. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge