IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17402 of 2006(V)
1. G.KAMALASANAN NAIR,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PANCHAYATS,
For Petitioner :SRI.P.K.VIJAYAMOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.17402 OF 2006 (V)
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Dated this the 22nd day of March, 2010
J U D G M E N T
Based on Ext.P3 report of the Vigilance Tribunal, by Ext.P6
order, punishment of compulsory retirement was imposed on the
Petitioner. That was challenged before this court in
O.P.No.16094/99. According to the petitioner while admitting that
writ petition, this court passed an interim order directing the
respondents to allow the petitioner to continue in service. According
to the petitioner, though he was entitled to have been reinstated in
service on 30.6.1999, he was reinstated only on 15.9.2009.
2. The original petition was finally disposed of by Ext.P7
judgment, interfering with Ext.P6 order of compulsory retirement
and directing reconsideration of the matter. It was further directed
that the Government will consider the question of regularizing the
break in service of the petitioner during the period from 30.6.1999
to 15.9.1999. In pursuance to Ext.P7 judgment referred to above,
Government passed Ext.P10 order reverting the petitioner to a lower
post for a period of 2 years. In that order also it was stated that
orders on the question of regularization of break of service of the
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petitioner for the period from 30.6.1999 to 15.9.1999 will be issued
separately.
3. In this writ petition although challenge is against Ext.P10,
the petitioner having undergone reversion as ordered in Ext.P10 and
is due to retire on 31st March, 2010, all that he seeks is a direction
to the Government to pass orders on the question of regularization
of his service for the period from 30.6.1999 to 15.9.1999.
4. Having regard to the directions of this court in Ext.P7
judgment referred to above and P10 order passed by the
Government, I am satisfied that the petitioner is justified in asking
for the said relief.
Therefore, the writ petition is disposed of directing the first
respondent to pass orders on the question of regularization of the
break of service of the petitioner for the period from 30.6.1999 to
15.9.1999. This shall be done as expeditiously as possible and at
any rate within 8 weeks from the date of production of a copy of the
judgment.
(ANTONY DOMINIC)
JUDGE
vi/
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