IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3773 of 2009(Y)
1. DR.K.A. SURESH KUMAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
For Petitioner :SRI.N.RAGHURAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/02/2009
O R D E R
T.R. Ramachandran Nair, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.3773/2009-Y
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 4th day of February, 2009
J U D G M E N T
The main relief sought for in this writ petition is to quash
Ext.P3, and for a direction to the respondent to reinstate the
petitioner in service in the post of the Assistant Surgeon.
2. The petitioner entered service in the post of the Assistant
Insurance Medical Officer in the State Insurance Department on
28/07/1993. He was granted leave without allowance on different
spells in accordance with the Appendix XII A of the Kerala Service
Rules. The same is evidenced by Ext.P1. Even though he sought
for an extension, that was not granted and, therefore, he submitted a
request seeking permission to rejoin duty which is evidenced by
Ext.P2 dated 05/09/2007. But surprisingly, he was issued with
Ext.P3 order by which his service was terminated with effect from
16/04/2002.
3. Aggrieved by the same, he has filed Ext.P4 under Rule 35
of the Kerala Civil Services (Classification, Control and Appeal)
Rules, 1960 seeking review of Ext.P3 order. Along with Ext.P4 he
W.P.(C) No.3773/2009
-:2:-
has filed a separate petition to condone the delay in filing the review
petition also.
4. Therefore, there will be a direction to the first respondent
to consider and pass orders on Ext.P4 on its merits within a period of
three months from the date of receipt of the copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms