Kerala High Court
Shoukath Ali.J vs The Chief Engineer on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.3689 OF 2013(I)
PETITIONER:
SHOUKATH ALI.J.
S/O A.JAMALUDEEN RAWTHER,
PARAKARAN HOUSE, KADAKKADU,
PANDALAM P.O., PATHANAMTHITTA DISRICT.
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER
THAJUDEEN J., PARAKARAN HOUSE, KADAKKADU,
PANDALAM P.O., PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.P.RAVINDRAN (SR.)
SRI.SREEDHAR RAVINDRAN
RESPONDENTS:
1 THE CHIEF ENGINEER, HUMAN RESEARCH MANAGEMENT (HRM)
VYDYUTHI BHAVANAM, PATTOM, PALACE P.O.,
THIRUVANANTHAPURAM-695 004.
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS CHAIRMAN, VYDYUTHI BHAVANAM,
PATTOM, PALACE P.O., THIRUVANANTHAPRUAM-695 004.
R1 BY SRI.K.S.ANIL, SC, KSEB
R1 BY ADV. SRI.M.K.THANKAPPAN, SC, KERALA STATE
ELECTRICITY BOARD LIMIT
SR.G.P P.M. MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3689 OF 2013 2
JUDGMENT
The petitioner impugns Ext.P12 order
issued by the Kerala State Electricity Board
(KSEB), terminating his services on the
ground that he has been on unauthorized
leave ever since 16.04.2012. The
petitioner's specific contention is that
Ext.P12 order is illegal, since it has been
issued by the KSEB without following any of
the mandatory provisions of the Kerala Civil
Services (Classification, Control and
Appeal) Rules, 1960 and therefore, that it
is liable to be set aside by this Court.
2. I notice that this writ petition
has been pending on the files of this Court
from the year 2013 and it is conceded by the
petitioner that, at the time when this writ
petition was filed, he was abroad. Today
when this matter was taken up, the learned
counsel appearing for the petitioner is
unable to tell me whether he has returned to
India thereafter or whether he had made an
attempt to re-join the services of the KSEB
at any point of time, pending this lis.
3. In the afore circumstances, I am
certainly of the view that the relief sought
for by the petitioner cannot be granted at
this time, particularly, when it is unclear
as to whether he is still abroad or whether
he had returned to India at any point to re-
claim his post.
In the afore circumstances, I close this
writ petition without any further orders;
however, leaving liberty to him to seek a
re-hearing, if any further clarifications or
orders are necessary.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/11.2.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER APPOINTING THE
PETITIOENR AS LD TYPIST DATED 03.05.2001
EXHIBIT P2 TRUE COPY OF THE ORDER DECLARING THE
PETITIONER'S PROBATION DATED 21.02.2002
EXHIBIT P3 TRUE COPY OF THE CHART SHOWING PAYMENT OF
INSTALLMENTS DATED 03.04.2011
EXHIBIT P4 TRUE COPY OF THE COVERING LETTER FORWARDING
THE REQUEST FOR EXTENSION OF LEAVE
SUBMITTED BY THE PETITIONER TO 1ST
RESPONDENT DATED 23.03.2012
EXHIBIT P5 TRUE COPY OF THE LETTER FORWARDED TO THE
PETITIONER DATD 04.07.2012
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT REFUSING TO EXTENT LEAVE DATED
11.06.2012
EXHIBIT P7 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITONER TO THE 1ST RESPONDENT DATED
09.07.2012
EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
BY THE 1ST RESPONDENT TO THE PETITIONER
DATED 04.10.2012
EXHIBIT P9 TRUE COPY OF THE COVERING LETTER
ACCOMPANYING EXT.P7 NOTICE DATED 10.10.2012
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITONER TO 2ND RESPONDENT DATED
12.11.2012
EXHIBIT P11 TRUE COPY OF THE REPLY SENT BY THE
PETITONER TO THE 1ST RESPONDENT DATED
09.11.2012
EXHIBIT P12 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 14.12.2012
EXHIBIT P13 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 21.07.2007
EXHIBIT P14 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 22.02.2012
EXHIBIT P15 TRUE COPY OF THE BOARD ORDER BEARING
NO.BO(FB) NO.1625/2013 DATED 25.07.2013
ISSUED BY THE 2ND RESPONDENT BOARD
EXHIBIT P16 TRUE COPY OF THE APPLICATION FILED BEFORE
THE INFORMATION OFFICER, KSEB DATED
07.08.2013
EXHIBIT P17 TRUE COPY OF THE REPLY ISSUED BY THE STATE
PUBLIC INFORMATION OFFICER TO EXT.P16 DATED
04.09.2013
EXHIBIT P18 TRUE COPY OF THE ORDER NO.EBVS 6/61/2011
DATED 03.02.2014 ISSUED BY THE 2ND
RESPONDENT BOARD.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE PROCEEDINGS DATED
06.04.2012
