Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE29H DAY OF NOVEMBER20138TH AGRAHAYANA, 1935 WP(C).No. 13241 of 2012 (E) ---------------------------- PETITIONER(S): ------------------ S. SASI, AGED58YEARS S/O. SATHYANESAN, TAILOR SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY THIRUVANANTHAPURAM. BY ADVS.SRI.M.R.HARIRAJ SRI.R.SUSEELAN SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.NIRMAL V. NAIR SRI.ANISH JAIN SMT.M.A.JINSA MOL SRI.SURAJ S. RESPONDENT(S): ------------------ 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HEALTH, NEW DELHI - 110 001.
2. SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, REPRESENTED BY ITS CHAIRMAN SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM- 11.
3. DIRECTOR, SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM -11.
4. MEDICAL SUPERINTENDENT, SREE CHITRA TIRUNAL INSTITUTE OF MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM -11. R2-R4 BY ADV. SRI.T.R.RAVI , STANDING COUNSEL R1 BY SRI.P.PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2911-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).13241/2012 APPENDIX PETITIONER'(S) EXHIBITS: EXHIBIT-P1-TRUE COPY OF THE MEMO NO. P&A VI/PF -270/SCTIMST/2012 DATED2104/2012 ISSUED BY THE3D RESPONDENT. EXHIBIT-P2-TRUE COPY OF THE ORDER
NO. P&A VI/PF270SCTIMST/97 DATED0103/1997. EXHIBIT-P3-TRUE COPY OF THE ORDER
NO. DIR/PER&GI ADMN/SCTIMST/ PERFORMANCE/2011 DATED1102/2011. EXHIBIT-P4-TRUE COPY OF THE ORDER
NO. DIR/PER&GI ADMN/SCTIMST/ PERFORMANCE/2011 DATED0303/2011 ISSUED BY THE3D RESPONDENT. EXHIBIT-P5-TRUE COPY OF THE MEMO NO. P&A VI/PF270SCTIMST/2011 DATED2309/2011 ISSUED BY THE MEDICAL SUPERINTENDENT. EXHIBIT-P6-TRUE COPY OF THE ORDER
NO. P&A VI/PF270SCTIMST/2011 DATED2701/2012 ISSUED BY THE4H RESPONDENT. EXHIBIT-P7-TRUE COPY OF THE REPRESENTATION DATED2202/2012 SUBMITTED BY THE PETITIONER. EXHIBIT-P8-TRUE COPY OF THE MEMORANDUM NO. P&A VI/PF270SCTIMST/2011 DATED1503/2012 . EXHIBIT-P9-TRUE COPY OF THE APPEAL DATED0405/2012 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R2(A):TRUE COPY OF CHARGE MEMO DATED38.2012. EXT.R2(B):TRUE COPY OF REPORT DATED263.2013. EXT.R2(C):TRUE COPY OF THE ORDER
DATED216.2013. //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J.
========================== W.P.(C). No.13241 OF2012========================== Dated this the 29th day of November, 2013 JUDGMENT
Petitioner is a tailor working under the Sree Chitra Tirunal Institute of Sciences and Technology. This writ petition has been filed mainly seeking quashment of Ext.P1 whereby the period of three months from 23.9.2011 to 23.12.2011 was treated as dies non. On 11.6.2012, while admitting this matter, this Court passed an interim order as hereunder:- "There would be a stay of further proceedings pursuant to Ext.P1. However, this will not stand in the way of the respondents from initiating disciplinary proceedings against the petitioner in the action of the petitioner for not turning out any work during the period in question."
2. It is submitted by learned counsel on both sides that in tune with the directions in the said order, disciplinary proceedings W.P.(C).13241/12 2 were initiated against the petitioner and that culminated in Ext.R2(c). As per Ext.R2(c) the following orders were issued:-
1) The suspension will stand revoked and Mr.Sasi S reinstated to the post he was holding w.e.f. the date of his reporting for duty in the P & A Divn.
2) His period of suspension shall be adjusted against his eligible leave (EL/HPL/EOL on personal grounds) on receipt of leave application.
3) The period of attendance in the office without doing his job from 24.12.2011 shall also be adjusted against eligible leave (EL/HPL/EOL on personal grounds) on receipt of leave application.
4) Decision as to how the period from 23.9.2011 to 23.12.2011 is to be treated is deferred till the final decision of the Hon. High Court of Kerala in W.P. (C).No.13241/2012 (E) dated 11.6.2012.
5) His performance shall be closely monitored by the same committee for three month period after reinstating to service. In case he does not perform well during the period and/or thereafter disciplinary action will be re-imposed.
3. It is evident from Ext.R2(c) that taking into account the pendency of this writ petition, the question as to how the period between 23.9.2011 and 23.12.2011 to be treated was not decided. Virtually, it was deferred till the final decision in the writ petition. W.P.(C).13241/12 3 When this matter is taken up for consideration today, the learned counsel for the petitioner submitted that since the decision regarding regularisation of the period between 23.9.2011 and 23.12.2011 was deferred solely taking into account the pendency of this writ petition, the writ petition may be disposed of with a direction to the respondents to consider whether the said period could be regularised by granting eligible leave. The learned standing counsel appearing for respondents 2 to 4 submitted that in case the petitioner submits a petition carrying such a request, the admissibility or otherwise of regularisation of the said period by granting eligible leave would be considered. In view of the rival submissions, this writ petition is disposed of leaving the petitioner at liberty to move the third respondent by filing appropriate petition requesting for regularisation of the period between 23.9.2011 and 23.12.2011 as eligible leave, within two weeks from the date of receipt of a copy of this judgment. In case the petitioner submits such a representation within the stipulated period, the same shall be considered by the third respondent W.P.(C).13241/12 4 expeditiously, at any rate, within a period of one month from the date of receipt of such a representation. Sd/- C.T. RAVIKUMAR (JUDGE) spc/ W.P.(C).13241/12 5 C.T. RAVIKUMAR, J.
JUDGMENT
September,2010 W.P.(C).13241/12 6