High Court Kerala High Court

P.N.Santhamma vs The Health Department on 7 September, 2007

Kerala High Court
P.N.Santhamma vs The Health Department on 7 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25160 of 2007(T)


1. P.N.SANTHAMMA, W/O.P.UDAYABHANU,
                      ...  Petitioner

                        Vs



1. THE HEALTH DEPARTMENT,
                       ...       Respondent

2. THE ACCOUNTANT GENERAL,

3. THE DIRECTOR OF HEALTH SERVICES,

4. THE DISTRICT MEDICAL OFFICER OF HEALTH,

5. DISTRICT T.B.OFFICER,

                For Petitioner  :SRI.A.X.VARGHESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :07/09/2007

 O R D E R
                                     V. GIRI , J
                         ==========================
                            W.P.(C) NO. 25160 OF 2007
                         ==========================
                    Dated this the 7th day of September, 2007.

                                   JUDGMENT

The petitioner who entered service as Radiographer in the Health

Department proceeded on leave without allowance for taking employment

abroad. The leave was sanctioned under Ext.P1 order. Later under Ext.P3, an

extension was granted for a period of 4 years. Under Ext.P4 further extension

was granted with effect from 02.11.1992. There is a dispute as to whether the

petitioner applied for extension beyond the period of 5 years mentioned in

Ext.P4.

2. The petitioner does not dispute that she is not in service now.

Essentially she seeks retirement benefits computed with reference to the service

rendered prior to her entering upon leave without allowance for taking

employment abroad as per Ext.P1.

3. In the circumstances, the petitioner may file a proper representation

giving the requisite details before the Government within a period of one month

from today. If such representation is filed, the Government shall look into the

same with reference to Appendix 12A of the Kerala Service Rules and take a

decision thereon within four months thereafter. If necessary, the petitioner shall

be heard in this regard before final orders are passed.

The writ petition is disposed of as above.

V. GIRI, JUDGE.

rv