Santhosh Kumar P.R vs The Principal Secretary To The ...
2021 Latest Caselaw 18718 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                         W.P.(C) NO.12442 OF 2021
PETITIONER:

              SANTHOSH KUMAR P.R.,
              AGED 62 YEARS, S/O. N. RAMAN PILLAI,
              'INDEEVARAM',
              DESINGANAD NAGAR 121, ASRAMAM WEST,
              KOLLAM, KOLLAM DISTRICT.

              BY ADVS.
              BABU S. NAIR
              BHARATH MOHAN


RESPONDENTS:

     1        THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
              PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
              PALAYAM P.O., TRIVANDRUM-695 001.

     2        THE MANAGING DIRECTOR,
              M/S. PRATHEEKSHA BUS SHELTERS KERALA LIMITED,
              TC 4/1636, VELLAYAMBALAM, KOWDIYAR P.O.
              THIRUVANANTHAPURAM-695 003.

    R1        PARVATHY KOTTOL, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.12442 OF 2021
                                     -2-

                                  JUDGMENT

The petitioner is seeking a direction to the respondents to pay the

entire allowances and salary due to him from 01.06.2014 to 12.05.2015

and from 01.01.2017 to 21.12.2018, during the period when he was the

Managing Director of the 2nd respondent institution. According to the

petitioner, he has submitted Ext.P5 representation before the 2nd

respondent. The petitioner has a further grievance that it has not been

considered. Though notice was issued to the 2nd respondent, he could

not be served. I feel that, in the light of the prayer made by the

petitioner, the writ petition itself can be disposed of without awaiting

service on the 2nd respondent. Accordingly, the writ petition is disposed

of by directing the 2nd respondent to take up Ext.P5 representation and

to consider and pass appropriate orders, as expeditiously as possible, at

any rate, within a period of two months from the date of receipt of a

copy of this judgment.

It is made clear that the petitioner shall be given an opportunity of

being heard, either personally or through online, if it is not possible to

hear the petitioner physically.

Sd/-

SUNIL THOMAS JUDGE bpr W.P.(C) NO.12442 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 30.05.2013 AS G.O.(RT) NO. 785/2013/PWD.

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 26.02.2015 AS NO. G.O. (RT) NO.299/2015/PWD.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE FIRST RESPONDENT DATED 23.06.2015.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 15.05.2017.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DATED 27.04.2021.