Jegan K vs State Of Kerala
2021 Latest Caselaw 22127 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         Friday, the 5th day of November 2021 / 14th Karthika, 1943
                 IA.NO.1/2021 IN WP(C) NO. 12140 OF 2021(N)
PETITIONER:

     JEGAN K., AGED 35 YEARS, S/O.KARUPPASAMY, JEEVAN HOUSE, NEW COLONY,
     K.D.H.VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT - 685 613.

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY, DISTRICT MEDICAL OFFICER, OFFICE OF
     THE D.M.O., PAINAVE P.O., CHERUTHONY, IDUKKI DISTRICT-685602.
  2. DISTRICT PROGRAMME MANAGER, NATIONAL HEALTH MISSION (NHM), PAINAVE
     P.O., CHERUTHONY, IDUKKI DISTRICT - 685602.
  3. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, DEVIKULAM, IDUKKI -
     685 613.
  4. DEVIKULAM BLOCK PANCHAYATH, DEVIKULAM P.O., IDUKKI - 685 613,
     REPRESENTED BY ITS SECRETARY.
  5. MADANRAJ, AGED 24 YEARS, S/O.MURUGAN, IRACHIPPARA, DEVIKULAM, IDUKKI
     DISTRICT - 685 613, (AMBULANCE DRIVER, COMMUNITY HEALTH CENTRE,
     DEVIKULAM, IDUKKI - 685 613).


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarity that the in
Judgment dated 12.10.2021 setting aside of exhibit P-2 amounts to quashing
the same and the petitioner may be permitted join duty and only after that
any action can be initiated against him in the interest of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 12.10.2021 and upon hearing the arguments of M/s S.JIJI and AJITH
POTTAS, Advocates for the petitioner in I.A./WP(C), GOVERNMENT PLEADER for
R1 and R3 in I.A./WP(C), SRI. M. AJAY, Advocate for R2 in I.A./WP(C) and
of SRI. P.M.JOHNY, Advocate for R4 in I.A./WP(C), the court passed the
following:




                                                             P.T.O
      Exhibit P2:- TRUE COPY OF THE TERMINATION LETTER ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER DATED 17/05/2021.
                              SUNIL THOMAS, J.
                    ----------------------------------------
                        W.P.(C.) No. 12140 of 2021
                   -----------------------------------------
                Dated this the 05th day of November, 2021

                                     ORDER

IA No.1 of 2021

This is an application filed by the writ petitioner seeking a

clarification of judgment dated 12.10.2021, as to whether the

setting aside of Ext.P2 amounts to quashing of the same and

whether the petitioner can be permitted to join the duty.

Heard both sides. This Court by judgment dated

12.10.2021 set aside the order by the which the petitioner was

terminated. Necessarily, it should mean that the petitioner is

continuing in service. It will be up to the employer to decide

whether to continue to engage him or to take any disciplinary

action against the petitioner. Accordingly, Interlocutory

application is closed clarifying that the petitioner should deemed

to be in service, by virtue of judgment dated 12.10.2021.

Sd/-

SUNIL THOMAS

JUDGE

SKP/5-11

05-11-2021 /True Copy/ Assistant Registrar