IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34255 of 2009(B)
1. C.PREMACHANDRAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DIRECTOR, INDIAN SYSTEMS OF MEDICINE,
3. SENIOR MEDICAL OFFICER,
4. DISTRICT MEDICAL OFFICER (ISM)
For Petitioner :SRI.AYYAPPAN SANKAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/11/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.34255 of 2009 (B)
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Dated, this the 30th day of November, 2009
J U D G M E N T
The petitioner joined the Government Ayurveda Hospital,
Kadaykavoor as Cook on 28/07/1993. Immediately thereafter, on
16/08/1993, after making application for Leave Without Allowance
for five years, in anticipation that leave will be sanctioned, he left for
abroad in order to take up employment there. Going by the
pleadings itself, thereafter only on 20/06/2008 he reported for
duty, and thereupon he came to know that by Ext.P4 order dated
25/03/1995, his services were terminated. It is stated that
thereupon the petitioner made Ext.P5 representation and in this writ
petition he seeks an order for its consideration.
2. Evidently, without even getting leave sanctioned the
petitioner absented from duty immediately joining the service. If so,
that was a case of misconduct and the respondents have rightly
initiated action by terminating him from service. Thereafter, he
reported for duty only in 2008. On facts even the theory of medical
WP(C) No.34255/2009
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treatment is unbelievable to be accepted. Therefore, I find
absolutely no merit in the objection raised by the learned counsel
for the petitioner against Ext.P4 order of termination or against the
action of the respondents in not allowing the petitioner to rejoin
duty.
In these circumstances, I do not think that this is a fit case for
this Court to direct consideration of the representation filed by the
petitioner. Therefore, this writ petition is dismissed.
(ANTONY DOMINIC, JUDGE)
jg