Satheesan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 25972 of 2005 (P) ---------------------------- PETITIONER:

-------------------- SATHEESAN.R., AGED 35 YEARS, S/O.K.V.NARAYANA MARAR, VADYAM(DRUMMER) IRINGANNUR MAHASIVA TEMPLE, VADAKARA, KOZHIKODE. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS:

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1. STATE OF KERALA, REP. BY THE SECRETARY, DEVASWOM, TRIVANDRUM.

2. COMMISSIONER, H. R & C. E., CALICUT.

3. DY. COMMISSIONER (ADMINISTRATION) H. R & C. E., KOZHIKODE.

4. EXECUTIVE OFFICER, SREE KALIYAMVELLI GROUP TEMPLES, P.O.EDACHERRY VADAKARA, KOZHIKODE DISTRICT.

R2-R3 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM R4 BY ADV. SRI.K.V.SOHAN R4 BY ADV. SMT.SREEJA SOHAN.K.

R2 TO 3 BY ADV. SRI.N.MANOJ KUMAR,SC,MALABAR DEVASWOM R2 & 3 BY ADV. SRI.KRISHNAKUMAR.S, SC, MALABAR DEVASWOM BOARD R1 BY GOVERNMENT PLEADER SRI. S JAMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25972 of 2005 (P) APPENDIX PETITIONER'S EXHIBITS P1:

PHOTOCOPY OF APPOINTMENT ORDER ISSUED TO THE PETITIONER DT.23.4.2004 P2:

PHOTOCOPY OF TABLE SHOWING SALARY PAID TO THE EMPLOYEES DT.30.8.2005 P3:

PETITIONER'S APPLICATION TO BE INCLUDED IN THE WELFARE FUND DATED 22.3.2005 P4:

PHOTOCOPY OF DOCUMENT EVIDENCING PAYMENT OF SALARY TO THE PETITIONER DATED 30.8.2005 P5:

PHOTOCOPY OF DOCUMENT EVIDENCING PAYMENT OF THE SALARY P6:

PHOTOCOPY OF COMMUNICATION OF THE EXECUTIVE OFFICER DT.29.8.2005 P7:

PHOTOCOPY OF ORDER OF THE COMMISSIONER DTD.12.7.2005 BEARING NO.H.R.H.2-2871/04 (LDIS) RESPONDENT'S EXHIBITS R4(A) TRUE COPY OF THE NOTICE DT.1.3.2004 PUBLISHING THE NOTICE CALLING FOR APPLICATIONS.

R4(B) TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE COMMISSIONER, HR & CE TO THE THEN EXECUTIVE OFFICER DT.1.11.2004 R4(C) TRUE COPY OF THE REPLY DT.24.11.11 SUBMITTED BY THE THEN EXECUTIVE OFFICER BEFORE THE COMMISSIONER, HR & CE.

R4(D) TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY TO THE DEVASWOM DEPARTMENT TO THE COMMISSIONER OF HR & CE, DT.3.5.2006 R4(E) TRUE COPY OF THE LETTER ISSUED BY THE COMMISSIONER, HR & CE TO THE EXECUTIVE OFFICER, DT.9.6.2006 //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 25972 of 2005 (P) ------------------------------------------ Dated this the 2nd day of December, 2015

J U D G M E N T

The petitioner was aggrieved with the termination by the 4th respondent. The termination is said to have been stayed by the State Government and the petitioner is continuing in the employment also.

2.

In such circumstance, it may not be proper for this Court to pre-empt the Government by considering similar grievances raised by the petitioner in the above writ petition.

The writ petition would stand closed, leaving open the remedy of either parties to approach the Government for expeditious disposal. No costs. Sd/- K.VINOD CHANDRAN, JUDGE jjj 4/12/15