High Court Kerala High Court

K.K.Mohandas vs The Land Revenue Commissioner on 12 January, 2010

Kerala High Court
K.K.Mohandas vs The Land Revenue Commissioner on 12 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 913 of 2010(L)


1. K.K.MOHANDAS, AGED 53 YEARS,
                      ...  Petitioner

                        Vs



1. THE LAND REVENUE COMMISSIONER,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, ERNAKULAM.

3. THE GOVERNMENT OF KERALA REP. BY

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :12/01/2010

 O R D E R
                        K. SURENDRA MOHAN, J.
               ------------------------------------------------------------
                       W.P(C) NO: 913 OF 2010 L
               -----------------------------------------------------------
                 Dated this the 12th January, 2010.

                                   JUDGMENT

The petitioner is a Tahsildar in the Revenue Department. He

was placed under suspension by Ext.P1 order. As per Ext.P4

proceedings, his suspension was reviewed and the same has been

set aside. Accordingly, the petitioner has been reinstated in

service. Initially he was posted as Special Tahsildar (LA) N.H.I,

Kakkanad, in an existing vacancy. By Ext.P7 he has been

transferred and posted to Kannur district. The petitioner is

aggrieved by his transfer and posting as per Ext.P7. The petitioner

also complaint that the period of his suspension has not been

regularised.

2. According to the counsel for the petitioner, Ext.P7 transfer

refers to Ext.P4 proceedings and the order transferring him to

Kannur has been issued on the premise that he has been posted to

Kannur as per the order reinstating him. A reading of Ext.P7 does

not warrant any such conclusion. Ext.P7 only states that he has

been reinstated and that he is thereafter posted to Kannur. It is

true that he has been permitted to join duty as per Ext.P5. That

does not preclude the authorities from ordering his transfer as per

WPC 913/2010 2

Ext.P6. I do not find any ground to interfere with Ext.P7 order of

transfer.

3. The petitioner has also a complaint that the period of his

suspension has not been regularised, though he has been

reinstated in service. Accordingly the first respondent is directed to

regularise the period of suspension of the petitioner and to pass

appropriate orders in this regard within a period of three weeks

from the date of receipt of a copy of this judgment. Needless to

mention that the petitioner would also be entitled to the monetary

benefits consequent to such regularisation. The writ petition is

disposed of with the above direction.





                                            K. SURENDRA MOHAN
                                                   Judge
jj

WPC 913/2010    3

                      K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: