A writ petition filed by a suspended Junior Engineer seeking quashing of his suspension order and direction to grant subsistence allowance.
None. The writ petition was dismissed with a note that all contentions were left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937
WP(C).No. 29397 of 2014 (Y)
PETITIONER(S):
S.SHAJI S/O K. SOMANATHAN, RESIDING AT DARSANA T.C 30/1343, AMBALATHUMUKKU, PETTAH P.O, THIRUVANANTHAPURAM 695 024 WORKING AT JUNIOR ENGINEER REGISTERED OFFICE AT BLOCK, 4TH FLOOR, CIVIL STATION KUDAPPANKKUNNU P.O THIRUVANANTHAPURAM (UNDER SUSPENSION)
BY ADV. SRI.AYYAPPAN SANKAR
RESPONDENT(S):
1. DISTRICT NIRMITHI KENDRA, THIRUVANANTHAPURAM A REGISTERED CHARITABLE SOCIETY HAVING REGISTERED OFFICE AT B BLOCK 4TH FLOOR CIVIL STATION, KUDAPPANAKUNNU P.O THIRUVANANTHAPURAM 695 043 REPRESENTED BY ITS CHAIRMAN, THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM
2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, EX OFFICIO CHAIRMAN, DISTRICT NIRMITHI KENDRA, B BLOCK 4TH FLOOR CIVIL STATION, KUDAPPANAKUNNU P.O THIRUVANANTHAPURAM 695 043
3. THE SUB COLLECTOR,
EX OFFICIO MEMBER SECRETARY, DISTRICT NIRMITHI KENDRA B BLOCK, 4TH FLOOR, CIVIL STATION, KUDAPPANAKUNNU P.O THIRUVANANTHAPURAM 695 043
R1 BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI R BY GOVERNMENT PLEADER ADV.SRI.REJI JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AVS
WP(C).No. 29397 of 2014 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
(CONTD...... NEXT PAGE)
WP(C).No. 29397 of 2014 (Y)
RESPONDENT(S)' EXHIBITS
--------------------------------------EXHIBIT R1(A):- COPY OF THE LETTER NO.G-1073/2014 DATED 26.02.2014 ISSUED BY THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM.
EXHIBIT R1(B):- COPY OF THE ENQUIRY REPORT OF THE FINANCE OFFICER, COLLECTORATE.
EXHIBIT R1(C):- COPY OF THE ENQUIRY REPORT OF THE SUB COLLECTOR DATED 26.06.2015.
//TRUE COPY//
P.A. TO JUDGE
AVS
ANIL.K.NARENDRAN,J =================== W.P(C).No.29397 Of 2014
=================== Dated this the 28th Day of October, 2015
J U D G M E N T
The petitioner, who was working as a Junior Engineer in Nirmithi Kendra, has filed this Writ Petition seeking a writ of certiorari to quash Ext.P11 order of suspension and seeking a writ of mandamus commanding the 2nd respondent to grant subsistence allowance as per rules with effect from 28-01-2014, the date of Ext.P8 order of suspension, together with arrears.
the learned Standing Counsel for the 1st respondent-Nirmithi Kendra, would submit that the petitioner has already been reinstated in service after revoking Ext.P11 order of suspension and that he has also been disbursed with subsistence allowance as per rules. The learned Standing Counsel would also point out that disciplinary proceedings are now pending against the petitioner.
Since the grievance of the petitioner has already been redressed by his reinstatement in service and payment of
W.P(C).No.29397 of 2014 -:2:-
subsistence allowance as per rules, nothing survives in this Writ
Petition. In the result, this Writ Petition is dismissed leaving open all the contentions raised both sides.
Sd/-
ANIL.K.NARENDRAN,
JUDGE
AVS
3 issues framed by the court
Whether the petitioner’s grievance survives after he was reinstated and paid subsistence allowance.
Whether a writ of certiorari can be issued to quash a suspension order after reinstatement.
Whether a writ of mandamus can be issued to grant subsistence allowance when the petitioner has already received it.
S. Shaji
District Nirmithi Kendra, Thiruvananthapuram
The District Collector, Thiruvananthapuram
The Sub Collector
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
