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.