Kerala High Court

WP(C)/27951/2012 of M.A.JOY Vs STATE OF KERALA on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 27951 of 2012 (T) --------------------------- PETITIONER: ------------- M.A.JOY, SECRETARY, THALIPARAMBA MUNICIPALITY, KANNUR. BY ADVS.SRI.S.RAMESH BABU

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934WP(C).No. 27951 of 2012 (T) --------------------------- PETITIONER:------------- M.A.JOY, SECRETARY, THALIPARAMBA MUNICIPALITY, KANNUR. BY ADVS.SRI.S.RAMESH BABU (SR.) SRI.P.RAVINDRA NATH SRI.K.P.KAMALAKARA BABU SRI.N.KRISHNA PRASADRESPONDENTS:--------------1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT TRIVANDRUM-695 001.2. THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.BY G.P. SMT.LOUZI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PETITIONER'S EXHIBITS

P1- TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THEPETITIONER.

P2- TRUE COPY OF THE ORDER DATED 20.11.2012.

RESPONDENTS' EXHIBITS - NIL

TRUE COPY

P.S. to Judge

P.N.RAVINDRAN, J.

----------------------------------------- W.P.(C).No.27951 of 2012

----------------------------------------- Dated this the 31[st] day of December, 2012

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JUDGMENT

The petitioner, who was the Secretary of ThaliparambaMunicipality, has filed this writ petition challenging Ext.P2Government order dated 20.11.2012 whereby the Governmentplaced him, along with others, under suspension pendinginvestigation into a vigilance case registered against him inexercise of the power conferred on it under rule 10(1)(b) of theKerala Civil Services (Classification, Control and Appeal) Rules,1960. The reliefs sought in the writ petition are as follows:- A.To issue a writ of certiorari calling for the recordsleading up to the issuance of Ext.P2 to the extentit concerns the petitioner and quash the same.leading up to the issuance of Ext.P2 to the extentit concerns the petitioner and quash the same.

B.To issue a writ of mandamus or any otherappropriate writ or direction commandingrespondents 1 and 2 to permit the petitioner tocontinue as Secretary, Thaliparamba Municipalitytill his retirement on 30.11.2012.appropriate writ or direction commandingrespondents 1 and 2 to permit the petitioner tocontinue as Secretary, Thaliparamba Municipalitytill his retirement on 30.11.2012.

2. The petitioner attained the age of superannuation on30.11.2012. In the light of the said fact, the second relief prayedfor by him cannot be granted and he cannot be reinstated in -:2:- service. In such circumstances I am of the opinion that thepetitioner should move the Government seeking appropriatereliefs regarding the manner in which the period during whichExt.P2 operated should be treated having regard to the fact thatthis Court had by order passed on 26.11.2012 deemed it fit todirect that status quo shall be maintained for a period of twoweeks within which time, as stated earlier, the petitioner attainedthe age of superannuation. Leaving open the petitioner's right tomove the Government as aforesaid, the writ petition is dismissedas infructuous.

P.N.RAVINDRAN,Judge.

ahg.

P.N.RAVINDRAN, J.---------------------------W.P.(C).No.27951 of 2012----------------------------

JUDGMENT

31[st] December, 2012

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