LEELA K. Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner says that she was working as a part time sweeper in the services of the Kerala Tailoring Worker's Welfare Fund Board, Thiruvananthapuram, when on 01.10.2012 she was asked not to report for duty temporarily. She says that certain allegations were thereafter raised against her, but that no disciplinary action was taken by the Board or completed at any point of time in the past. She, therefore, asserts that she has a right to be reinstated in service and she has filed this writ petition seeking a direction to the respondent to regularise her service as also to quash Ext.P5 order, as per which she was suspended temporarily from working in the office.

(2.) I notice that this matter was filed as early as in the year 2009 and that the petitioner has now concededly turned 70 years in age. Therefore, it would be now impossible for this Court to ask a reinstatement of the petitioner, even if I find completely in her favour.

(3.) That said, the fact remains that through Ext.P5, the petitioner was kept under suspension. Thereafter, when this matter was filed, an order of "status quo" was passed on 19.11.2012, perhaps because this Court was under the impression that the petitioner is still in service, though suspended. This becomes luculent by the next order passed by this Court on 23.01.2013, whereby disciplinary action against the petitioner was permitted, but with a rider that if any order is to be passed in such proceeding, terminating or removing her from service, it shall be implemented only after obtaining the orders of this Court.