B.Satheesan vs State Of Kerala
2021 Latest Caselaw 13368 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

              MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943

                             WP(C) NO. 15518 OF 2012

PETITIONER:
               B.SATHEESAN
               AGED 50 YEARS
               LAW OFFICER, CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY (C-
               DIT), CHITRANJALI HILLS, THIRUVALLAM, THIRUVANANTHAPURAM-
               695027.

               BY ADVS.
               SRI.S.EASWARAN
               SRI.M.A.AUGUSTINE
               SRI.P.MURALEEDHARAN IRIMPANAM



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE SECRETARY, (INFORMATION & PUBLIC RELATION)
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPUAM-695001.

     2         CENTRAL FOR DEVELOPMENT OF IMAGING TECHNOLOGY C-DIT
               CHITRANJALI HILLS, THIRUVALLAM, THIRUVANANTHAPURAM-695027,
               REPRESENTED BY ITS REGISTRAR.

     3         THE REGISTRAR
               CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY (C-DIT),
               CHITRANJALI HILLS, THIRUVALLAM, THIRUVANANTHAPURAM-695027.

     4         THE EXECUTIVE DIRECTOR
               CYBERSRI, CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY (C-DIT),
               CHITRANJALI HILLS, THIRUVALLAM, THIRUVANANTHAPURAM-695027
               (SECRETARY, SC DEVELOPMENT DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPUARM-695001).

               BY ADVS.
               SRI.C.S.AJITH PRAKASH, SC
               SRI.S.RAMESH, SC



OTHER PRESENT:

               SRI. SUNIL KUMAR KURIAKOSE - GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15518 OF 2012

                                    2




                               JUDGMENT

The petitioner, while working as a Law Officer in the services

of the Centre for Development of Imaging Technology (C-DIT), filed

this writ petition impugning Exts.P7 and P8 orders on the

apprehension that it will affect his service conditions and that the

3rd respondent will be appointed as the Executive Officer in his

place.

2. I notice that when this matter was considered by this

Court on 04.07.2012, an interim order had been granted directing

maintenance of 'status quo', as on that date. This order has been

subsequently extended and in fact, continues to be in force even

today.

3. I, therefore, asked the learned Standing Counsel for

respondents 2 and 3, as to if any further orders are now necessary

to be issued in this case, to which he replied that, on account of the

interim order of this Court, the petitioner's position never changed

and that he has now retired from service.

4. Sri.S.Easwaran, learned counsel appearing for the

petitioner, sought time to obtain instructions from his client as to

whether he has now retired from service and whether there was WP(C) NO. 15518 OF 2012

any change to his service conditions.

5. However, if the petitioner has indeed now retired from

service, then it is obvious that Exts.P7 and P8 could not have

touched him, on account of the aforementioned interim order of

this Court.

6. I am, therefore, of the firm view that if the petitioner

has retired from service, no further orders are required and that

the earlier interim order must be confirmed.

In the afore circumstances, I close this writ petition,

recording that the petitioner has retired from service; and

declaring that Exts.P7 and P8 cannot be used to his detriment on

account of the interim order of this Court dated 04.07.2012, which,

I hereby confirm.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 15518 OF 2012

APPENDIX OF WP(C) 15518/2012

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF PROCEEDINGS DATED 16TH SEPTEMBER, 2006 ISSUED BY THE DIRECTOR OF 2ND RESPONDENT.

Exhibit P2 COPY OF THE PROCEEDINGS DATED 30/03/2007 OF THE EXECUTIVE DIRECTOR OF THE CYBERSRI.

Exhibit P3 COPY OF DRAFT MINUTES OF THE FIFTH MEETING OF THE DIRECTOR BOARD OF CYBERSRI.

Exhibit P4 COPY OF RELEVANT EXTRACT OF THE AGENDA ITEM NO. EC 52.18 INCLUDING DECISION OF THE EXECUTIVE COMMITTEE.

Exhibit P5 COPY OF PROCEEDINGS NO. 1666/REG/ADMN./2012/C-DIT DATED 18/05/2012 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 COPY OF OBJECTION DATED 18/05/2012 SUBMITTED BY THE PETITIONER TO EXHIBIT P5.

Exhibit P7 COPY OF PROCEEDINGS NO. 167/REG/ADMN/2012/C-DIT DATED 18/05/2012 ALONG WITH THE RELEVANT EXTRACT OF THE PROVISIONAL LIST.

Exhibit P8 COPY OF PROCEEDINGS NO.186/A2/REG/ADMN/2012/D-DIT DATED 18/06/2012 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE FINAL LIST OF DEPLOYMENT.

Exhibit P9 COPY OF OBJECTION DATED 22/06/2012 SUBMITTED BY THE PETITIONER TO EXHIBIT P8.

Exhibit P10 COPY OF PROCEEDINGS DATED 21/074/2011 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:

Exhibit R2(A) `A TRUE COPY OF THE APPOINTMENT ORDER DATED 02/04/1991.

WP(C) NO. 15518 OF 2012

Exhibit R2(B) A TRUE COPY OF THE PROCEEDING DATED 24/04/1997.

Exhibit R2(C) A TRUE COPY OF THE PROCEEDINGS DATED 18/08/2008.

Exhibit R2(D) A TRUE COPY OF THE PROCEEDINGS DATED 29/09/2008.

Exhibit R2(E) A TRUE COPY OF THE DECISION OF THE EXECUTIVE COMMITTEE DATED 16/10/2007.

Exhibit R2(F) A TRUE COPY OF THE GB DATED 07/12/2007.

Exhibit R2(G) A TRUE COPY OF THE NOTE DATED 18/05/2012 OF THE C-

DIT DIRECTOR.