IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15055 of 2008(P)
1. DR. VASUDEVAN V.,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. DIRECTOR OF HEALTH SERVICES,
3. DISTRICT MEDICAL OFFICER OF HEALTH,
For Petitioner :SMT.SHAHNA KARTHIKEYAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :26/05/2008
O R D E R
V.GIRI, J
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W.P.(C).15055/2008
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Dated this the 26th day of May, 2008
JUDGMENT
While continuing as a Tutor in Anatomy in Medical
College, Alappuzha, petitioner joined the Department of
Health Services in 1987 as Assistant Surgeon. While
continuing in the Primary Health Centre at Perambra,
petitioner applied for Half Pay Leave for a period from
30.9.1999 to 16.4.2000, which was sanctioned under
Ext.P1. While on leave, petitioner applied for leave
without allowance for a period of five years for taking up
alternate employment, as per Ext.P2. Apparently, though
the District Medical Officer of Health had recommended
the sanction of leave, second respondent, the Director of
Health Services, as evidenced by Ext.P5 dated 22.5.2000,
declined to recommend the petitioner’s application for
leave. Therefore, petitioner was not granted the same.
Petitioner filed Ext.P6 representation dated 24.6.2000
before the Director. But thereafter, he did not pursue
the same. Petitioner did not join duty and he was not
sanctioned leave as sought for under Ext.P2.
W.P.(C).15055/2008
2
2. Learned counsel for the petitioner refers to Ext.P8
which is a communication received from the second
respondent requiring the petitioner to intimate the
Institution where he intends to work. By Ext.P9,
Petitioner replied that he only intended to take up self
employment at Perambra. Ext.P5 dated 22.5.2000 is
subsequent to Exts.P8 and P9.
3. Writ petition has now been filed eight years later
taking note of the fact that the petitioner is due to retire
on 31.5.2008, seeking a direction to the respondents to
permit the petitioner to re-join duty. Learned counsel for
the petitioner submits that no disciplinary proceedings
have been initiated against the petitioner for
unauthorized absence. Therefore petitioner has a right
to re-join duty, it is contended.
4. I heard learned counsel for the petitioner and the
learned Government Pleader. Ext.P7 dated 3.4.2008 is
W.P.(C).15055/2008
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an application filed by the petitioner before the Director
of Health Services seeking permission to re-join duty as
Assistant Surgeon.
5. In my view, petitioner is not entitled to a direction
as such. After all it is admitted that the petitioner was
not granted leave without allowance for taking up
alternate employment. Government servant is not
entitled to assume that leave will be granted and is not
entitled to remain out of service either for self
employment or taking up alternate employment unless
leave has been sanctioned in terms of appendix 12A of
Part-III of the KSR. In the present case, petitioner was
served with Ext.P5 wherein the Director of Health
Services had expressly declined permission to
recommend the petitioner’s application for leave. In the
circumstances, petitioner’s leave has not been
sanctioned. But he nevertheless did not either re-join
duty or pursue the matter further within a reasonable
time. Petitioner is now not entitled to re-join duty
W.P.(C).15055/2008
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ignoring the absence for a period of more than eight
years.
6. For all these reasons, I do not find my way to issue
any direction at this stage to the respondent. Writ
petition is bereft of merit and the same is dismissed.
V.GIRI,
Judge
mrcs