High Court Kerala High Court

Sreekala T.L vs State Of Kerala on 8 July, 2009

Kerala High Court
Sreekala T.L vs State Of Kerala on 8 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15334 of 2009(J)


1. SREEKALA T.L.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. THE DIRECTOR

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :08/07/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                         W.P.(C) No. 15334 of 2009
                  =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                     Dated this the 8th day of July, 2009

                                JUDGMENT

Heard Dr.Sri.K.P.Satheesan, the learned counsel appearing for the

petitioner and Smt. Anu Sivaraman, the learned Government Pleader

appearing for the respondents.

2. The petitioner had served as I.C.D.S. Supervisor during the period

from 1995 to 2000 and thereafter from 16-8-2005 till 12.12.2005. During

the second spell of service she had applied for leave initially for a period of

three months and thereafter for one year. Leave was granted only for the

first spell of three months. The second spell of the leave applied for was not

granted. The petitioner however proceeded on leave. Therefore, the

petitioner’s service was terminated with effect from 12-12-2005 by Ext.P4

order dated 20-3-2007 for unauthorized absence. Aggrieved thereby, she

has moved the Honourable Minister for Health and Family Welfare by

submitting Exts.P5 and P6 representations, wherein she has prayed that she

W.P.(C) No. 15334/09 -2-

may be reinstated in service. The petitioner submits that the originals of

Exts.P5 and P6 representations have been forwarded by the Honourable

Minister to the Secretary to Government and that till date orders have not

been passed on the said representations. In this writ petition, the petitioner

challenges Ext.P4 and seeks a direction to the respondents to reinstate her in

service.

3. When this writ petition came up for hearing to day, the learned

counsel appearing for the petitioner submitted that leaving open the

petitioner’s contentions on the merits, the Government may be directed to

take a decision on Exts.P5 and P6 representations. The learned Government

Pleader appearing for the respondents submitted that Exts.P5 and P6

representations were addressed to the Honourable Minister and that though

an effort was made to trace them out, the attempt was not successful.

4. Having regard to the submissions made at the Bar and the

averments made in the writ petition, I am of the opinion that petitioner

should submit a fresh representation setting out her grievances to the

Secretary to Government, Social Welfare Department instead of seeking the

intervention of this Court at this sage. I accordingly dispose of this writ

petition with the direction that in the event of the petitioner filing an

appropriate representation before the Secretary to Government, Social

W.P.(C) No. 15334/09 -3-

Welfare Department setting out her claims and contentions within one

month from today, the Secretary to Government shall consider the same and

pass orders thereon after affording her a reasonable opportunity of being

heard. Final orders in the matter shall be passed within three months from

the date of receipt of such a representation. The contentions of the petitioner

on the merits are kept open.

P.N.RAVINDRAN,
JUDGE.

mn.