High Court Kerala High Court

P.M.Markose vs H.M G.H.S.Ambalamugal on 23 July, 2010

Kerala High Court
P.M.Markose vs H.M G.H.S.Ambalamugal on 23 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19617 of 2010(B)


1. P.M.MARKOSE, MAX VILLA,PALAKKAT HOUSE
                      ...  Petitioner
2. THE DEPUTY DIRECTOR (EDUCATION)
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
4. THE SECRETARY TO GOVERNMENT

                        Vs


1. H.M G.H.S.AMBALAMUGAL
                       ...       Respondent

                For Petitioner  :SRI.P.P.JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :23/07/2010

 O R D E R
                        C.T. RAVIKUMAR, J
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                   W.P.(C) 19617            OF 2010
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           Dated this the 23rd day of July, 2010


                          J U D G M E N T

The petitioner filed this writ petition mainly challenging

Exts.P7 P8 and P14 and for issuance of writ of mandamus

directing the respondents to re-consider the matter afresh for

enabling the petitioner to get pensionary benefits counting the

regularised service of 32 years in the department.

2. The impugned orders would reveal that the

authorities issued notice to the petitioner and they have in fact

published a show cause notice in Kerala Koumudi Daily dated

27.7.1995. One of the reasons assigned therein was that

though a notice was issued to the petitioner in his Bangalore

address that was returned with the endorsement that the

addressee was not in the station. Considering the contention

raised in the writ petition the he was, in fact, available at

Bangalore, a direction was issued to the petitioner to make

available a copy of the pass port possessed by him pertaining

to the period in question. The petitioner produced the

photocopy of the passport which would reveal that the

petitioner was not actually available in India.

WPC No. 19617/2010

When faced with such a situation, the petitioner sought

for permission to withdraw this writ petition. Permission is

granted. Accordingly, this writ petition is dismissed as

withdrawn.

Sd/-

C.T. RAVIKUMAR, JUDGE
jma

//true copy//

P.A to Judge