IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3185 of 2010(W)
1. DR. N.C. RAJAN,
... Petitioner
Vs
1. THE DIRECTOR OF TREASURIES,
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. STATE OF KERALA,
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :01/02/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.3185 OF 2010
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Dated this the 1st day of February, 2010
JUDGMENT
The petitioner is a Junior Superintendent under the Director of
Treasuries. Earlier, he was placed under suspension as per the order of the
Joint Director of Treasuries dated 21.3.2009. The petitioner offered his
explanation on the allegations, based on which, he was placed under
suspension. Later, the Government, as per Ext.P1, ordered for reinstating the
petitioner and also directed the first respondent to give him a posting in a
Treasury near to Sub Treasury, Pudukkad considering his health conditions.
In compliance with the said order, the Joint Director of Treasuries issued
Ext.P2 order as per which he was allotted to the District Treasury Officer,
Irinjalakkuda with a direction to give appropriate posting in a Treasury near
to the Sub Treasury, Pudukkad. The grievance of the petitioner is that despite
Exts.P1 and P2 orders, no order has so far been passed giving him a posting as
directed. In such situation, the petitioner submitted Ext.P3 representation
before the second respondent to give him a posting in terms of Exts.P1 and P2
orders. In Ext.P3 representation, he has pointed out the fact that the post of
Junior Superintendent in Pudukkad Sub Treasury is still lying vacant and
therefore to give him a post in that vacancy. Despite the receipt of Ext.P3
representation, no orders have so far been passed by the second respondent.
W.P.(C) NO.3185 OF 2010 2
2. Exts.P1 and P2 would reveal that after accepting the explanation
offered by the petitioner, he was ordered to be given a posting in a Treasury
near to Sub Treasury, Pudukkad by the Government as per Ext.P1. Therefore,
there is no reason for not implementing the direction in Exts.P1 and P2.
According to the petitioner, the vacancy of Junior Superintendent in
Pudukkad Sub Treasury itself is lying vacant. It may be a conscious decision
taken in Exts.P1 and P2 to post only near to Sub Treasury, Pudukkad and not
in the said Sub Treasury itself. That is a matter to be considered by the
respondents. At any rate, in the light of Exts.P1 and P2, the request of the
petitioner made in Ext.P3 requires consideration. In the circumstances, there
shall be a direction to the second respondent to consider and pass orders on
Ext.P3, taking in account the orders in Exts.P1 and P2 expeditiously, at any
rate, within a period of one month from the date of receipt of a copy of this
judgment.
The Writ Petition is disposed of as above.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.3185 OF 2010 3
C.T. RAVIKUMAR, J.
CRL. M.C. NO.
O R D E R
3rd June, 2009
W.P.(C) NO.3185 OF 2010 4