High Court Kerala High Court

M(1) Subramanian vs The Principal Agricultural … on 3 November, 2008

Kerala High Court
M(1) Subramanian vs The Principal Agricultural … on 3 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30990 of 2008(L)


1. M(1) SUBRAMANIAN, S/O/ MANTHRI,
                      ...  Petitioner
2. M.RAMASWAMI, S/O.MUTHU NADAR,

                        Vs



1. THE PRINCIPAL AGRICULTURAL OFFICER,
                       ...       Respondent

2. THE SUPERINTENDENT OFANGE AND VEGETABLE,

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :03/11/2008

 O R D E R
                      P.N.RAVINDRAN, J.

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

                    W.P.(C) No.30990 of 2008

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

               Dated this the 3rd November, 2008.

                         J U D G M E N T

The petitioners are workers in the Orange and

Vegetable Farm at Nelliyampathi, belonging to the Agricultural

Department. They were placed under suspension by order

passed on 24.3.2003 and later reinstated in service by Ext.P1

order dated 13.10.2003. The petitioners’ grievance is that

though this Court had in W.P.(C) No.29735 of 2004 directed the

respondents to finalise the disciplinary proceedings within four

months from the date of production of a copy of the judgment,

the disciplinary proceedings have not been finalised till date and

orders have not been passed regarding the manner in which the

period during which they were placed under suspension has to

be regularised. The petitioners also have a grievance that

arrears of pay for the period during which they were under

suspension has also not been disbursed.

W.P.(C) No.30990 of 2008

2

2. When the writ petition came up for admission

today, Smt.Anu Sivaraman, the learned Government Pleader

appearing for the respondents submitted that orders have been

passed on 16.10.2008 by the second respondent finalising the

disciplinary proceedings and directing that the period during

which the petitioners were placed under suspension be

regularised as leave without allowances.

In my considered opinion, that being the situation,

no further orders are necessary in this writ petition, except to

close it as infructuous, reserving liberty with the petitioners to

challenge the orders passed by the second respondent on

16.10.2008, if they are aggrieved thereby. The second

respondent shall forthwith communicate a copy of the order

passed by him on 16.10.2008 to the petitioners.

P.N.RAVINDRAN,
JUDGE

nj.