Kerala High Court

Chandra Chooden Nair S vs State Of Kerala on 26 August, 2022

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                        &
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
              Friday, the 26th day of August 2022 / 4th Bhadra, 1944
                            WP(C) NO. 10478 OF 2022(S)

PETITIONER:

     CHANDRA CHOODEN NAIR S, AGED 61 YEARS, S/O. SIVASANKARAN NAIR,

     SECTION OFFICER (RETD), SECRETARIAT, THIRUVANANTHAPURAM P.O,

     PIN - 695 005, RESIDING AT SANKARA MANGALAM, PALLIPURAM P.O,

     THIRUVANANTHAPURAM - 695 316.

RESPONDENTS:

     1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY

        TO THE GOVERNMENT, GOVERNMENT OF KERALA,SECRETARIAT,

        TRIVANDRUM- 695 005.

     2. THE PRINCIPAL SECRETARY,DEPARTMENT FOR GENERAL ADMINISTRATION

        (SECRET SECTION) GOVERNMENT OF KERALA, SECRETARIAT,

        THIRUVANANTHAPURAM - 695 005.

     3. THE PRINCIPAL SECRETARY, DEPARTMENT FOR FINANCE,

        GOVERNMENT OF KERALA,SECRETARIAT,THIRUVANANTHAPURAM- 695 005.

     4. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY

        TO THE GOVERNMENT, DEPARTMENT OF HOME, MINISTRY OF

        HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI - 110 001.

                                                               P.T.O
 *ADDITIONAL R5 & R6 IMPLEADED

      5. JOINT COUNCIL OF STATE SERVICE ORGANIZATIONS(JCSSO),

          REG. NO.32/69/GAD,PRESS CLUB ROAD, THYCAUD, THIRUVANANTHAPURAM.,

          REPRESENTED BY ITS GENERAL SECRETARY V.JAYACHANDRAN

          @ JAYACHANDRAN KALLINGAL, AGED 53 YEARS,

          S/O BALAKRISHNAN NAIR,KNRA 65B, LANE14, KADAPPATHALA GOLF CLUB,

          KAWDIAR,THIRUVANANTHAPUARAM,PIN-695 003

      6. ANISH C.A. 42 YEARS,S/O M. P. ARAVINDAKSHAN, NANDANAM,

          CHALASSERY HOUSE,PERUMBILLY P.O, MULAMTHURUTHY,ERNAKULAM,

          PIN-682 503 (JUNIOR SUPERINTENDENT, COLLECTORATE, ERNAKULAM).

      *ADDITIONAL R5 AND ADDITIONAL R6 ARE IMPLEADED VIDE ORDER DATED 28/06/2022

IN I.A 1/22 IN WP(C) 10478/2022(S).



     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 3 to issue appropriate directions.

     1. To the State Police to take adequate measures to ensure the free
movement of people and goods on 28th and 29th March 2022 and to register
criminal cases as per the provisions of Indian Penal Code against
persons/group obstructing the movement of Government employees.

     2. To all the concerned to not disburse salary of the employees for
the days of their abstention from duty from 28th to 29th on March, 2022.

                                                                   P.T.O
      This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C), this Court's order dated
01/08/2022 and upon hearing the arguments of M/S SAJITH KUMAR V., VIVEK
A.V., GODWIN JOSEPH, APARNA CHANDRAN, REMYA VARMA N.K, Advocates for the
petitioner, SHRI.N.MANOJ KUMAR, STATE ATTORNEY & SRI. K.P HARISH, SENIOR
GOVERNMENT PLEADER for R1 to R3, SRI. S MANU, ASSISTANT SOLICITOR GENERAL
OF INDIA & CENTRAL GOVERNMENT COUNSEL for R4, SRI.G.MOTILAL &
V.M.KRISHNAKUMAR, Advocates for ADDL.R5 & R6 and of SRI. K GOPALAKRISHNA
KURUP, ADVOCATE GENERAL, the court passed the following:

                                                            P.T.O
                       S.Manikumar, C.J.
                                &
                        Shaji P.Chaly, J.
               =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                 W.P.(C)No.10478 of 2022-S
               =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
            Dated this the 26th day of August, 2022

                              ORDER

S.Manikumar, C.J.

Earlier, vide judgment in G.Balagopalan v. State of Kerala

and Others reported in 2021 Lab IC 1764 dated 02.02.2021,

while quashing Exhibit P1 Government Order dated 31.01.2019

issued by the Principal Secretary, Department of General

Administration (Secret Section), Thiruvananthapuram,

respondent No.2 therein, we directed the 2 nd respondent and

the Heads of the Departments to scrutinise the attendance

registers and take action, in accordance with law, within two

months from the date of receipt of a certified copy of the

judgment.

2. Taking note of the above, in the instant writ petition, we

passed an order on 01.08.2022 as hereunder: W.P.(C)No.10478 of 2022-S

"Mr. V.M. Krishnakumar, learned counsel for additional respondent Nos.5 and 6, prays for some more time to file their respective counter affidavits.

2. Mr. K.P. Harish, learned Senior Government Pleader, submitted that vide G. O. (P) No. 10/2022/GAD dated 28.03.2022, Government have issued orders directing to treat the unauthorized absence of employees participating in the strike as dies-non and directions have also been issued to take action against those who have availed unauthorized leave. Submission of the learned Senior Government Pleader is placed on record.

3. However, taking note of the fact that Government have issued proceedings to initiate disciplinary action as per the Kerala Service Rules against Government Employees, who have abstained from work on 28.03.2022 and 29.03.2022, we direct Mr. K.P. Harish, learned Senior Government Pleader, to obtain all necessary details from various Government Offices / Departments, regarding the number of Government Employees, who were engaged in the strike, against whom action is taken. Details of employees who have availed leave, permission whether granted or not / pending and outcome of the same, shall be furnished in a tabular column.

W.P.(C)No.10478 of 2022-S

4. Mr. K.P. Harish, learned Senior Government Pleader, requests three weeks time to file a detailed statement, with all supporting documents.

We make it clear that the said statement should also contain the details of the disciplinary action taken, outcome etc.

Post on 24.08.2022."

3. On this day, when the matter came up for further

hearing, Mr.K.P.Harish, learned Senior Government Pleader has

filed a memo dated 25.08.2022 as hereunder:

"As directed by this Hon'ble Court on 01.08.2022, the Principal Secretary to Government, General Administration (SS) Department, issued directions to all the Heads of the Departments of Government Departments, Universities. Heads of Departments of PSUs requesting them to furnish the consolidated details from all the subordinate offices/institutions under them in the prescribed proforma on 08.08.2022 vide letter No. SS1/16/2022/GAD dated 08.08.2022, I am producing herewith the letter and performa along with this memo.

The details of about 5 lakh employees (government servants and teachers) working under different Government Departments and Employees of Boards, W.P.(C)No.10478 of 2022-S

Public Sector Undertakings, Universities etc. are to be collected and compiled for filing the report. The collection and compilation of above is a time consuming process. In compliance of the direction of this Hon'ble Court though process has been initiated, three more months time is required for collection of the entire data and compilation. The above letter and performa produced along with this memo may be accepted on the file as part of the record in the interest of Justice."

4. Though the learned Senior Government Pleader has

sought for three months' time, we are not inclined to grant the

same for the reason that directions have been issued in W.P.

(C)No.5752 of 2019 way back on February 2021, directing the

Principal Secretary, Department of General Administration

(Secret Section), Thiruvananthapuram, respondent No.2 therein

and Heads of the Departments to take appropriate action.

Following the directions, if any action has already been taken,

the same would be available with the Heads of the

Departments/Principal Secretary, Department of General W.P.(C)No.10478 of 2022-S

Administration (Secret Section), Thiruvananthapuram

(respondent No.2 therein).