IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30874 of 2005(A)
1. K.P. SASIDHARAN, FORMER JUNIOR
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. THE DIRECTOR OF PANCHAYATS,
For Petitioner :SRI.N.SUGATHAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :24/01/2007
O R D E R
K.K.DENESAN, J.
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WP(C)No. 30874 OF 2005
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Dated this the 24th January, 2007.
JUDGMENT
The petitioner was placed under suspension with effect
from 22.7.1999 while he was working as Junior
Superintendent in the Panchayat department. He was facing
criminal proceedings during the period of suspension. The
trial court found him guilty and convicted and sentenced
him for the offence proved against him. Immediately after
the order of conviction and sentence, he was dismissed
from service as per order passed on 21.4.2002. However, the
criminal appeal filed by him was allowed setting aside the
order of conviction and sentence. On the strength of the
appellate order he filed a representation to the second
respondent to reinstate him in service with all attendant
benefits. Since no order was passed, he has sought for
directions from this Court to reinstate him in service. As
per the orders passed by this Court, the petitioner was
reinstated in service vide Ext.P4 order dated 12.12.2005.
Immediately thereafter, i.e on 14.12.2005, the petitioner
rejoined duty. He continued in service and got promotion
to the post of Special Grade Secretary and superannuated on
31.12.2006. The second respondent has not regularised the
period of suspension or the period between the order of
WPC 30874/2005 2
dismissal and his reporting for duty on reinstatement. In
the above circumstances, Ext.P5 representation has been
filed by the petitioner before the second respondent.
Counsel for the petitioner submits that the second
respondent has got a duty to consider and pass orders on
Ext.P5.
2. I have heard the Govt. Pleader for the respondents.
It is submitted that orders will be passed on Ext.P5
without delay. In the circumstances, the writ petition is
disposed of directing the second respondent to consider
Ext.P5, pass orders regularising the period of suspension
from 22.7.1999 to 20.4.2002 as also the period during which
the petitioner was out of service consequent on the order
of dismissal from 21.4.2002 till 14.12.2005. Appropriate
orders shall be passed in accordance with law within six
weeks from the date of receipt of a copy of the judgment.
K.K.DENESAN
Judge
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