High Court Kerala High Court

K.Chidambara vs The Medical Officer on 11 December, 2006

Kerala High Court
K.Chidambara vs The Medical Officer on 11 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 10020 of 2003(P)


1. K.CHIDAMBARA, AGED 51 YEARS,
                      ...  Petitioner

                        Vs



1. THE MEDICAL OFFICER, PRIMARY HEALTH
                       ...       Respondent

2. THE DISTRICT MEDICAL OFFICER,

                For Petitioner  :SRI.U.P.KUNIKULLAYA

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :11/12/2006

 O R D E R
                                    KURIAN JOSEPH, J.

                                     --------------------------

                                  O.P.  NO. 10020  OF 2003

                                       ---------------------

                         Dated this the 11th day of December, 2006


                                       J U D G M E N T

The writ petition is filed with the following prayers:-

“(b) To issue a writ of certiorari or other appropriate writ, order or

direction quashing Ext.P12 order and restoring Ext.P8 order with

direction to the respondents or such of them who are responsible for

payment of the salary to the petitioner from July 2002 onwards at

the rate refixed as per Ext.P8 order along with interest thereon from

the respective dates.

(c) To grant interim orders for necessary direction of the

respondents or such of them who are responsible to pay the salary to

the petitioner at the rate refixed as per Ext.P8 order till the disposal

of the O.P.”

2. Learned Government Pleader submits that no relevance can be placed on

Ext.P8 since it is a fabricated document. However, it is submitted that the

petitioner had made a re-option during the pendency of the writ petition in the year

2005, and hence if at all the petitioner has any surviving grievance, liberty may be

reserved to him to approach the Government.

In the above circumstances, this writ petition is disposed of making it clear

that in case the petitioner has any surviving grievance, it will be open to him to

approach the Government. It is made clear that, in that view of the matter I have

not considered the writ petition on merits and the entire contentions are left open.

KURIAN JOSEPH, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.10020/03

JUDGMENT

11th DECEMBER, 2006