High Court Kerala High Court

Sujaya Sankar vs State Of Kerala on 16 October, 2009

Kerala High Court
Sujaya Sankar vs State Of Kerala on 16 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13169 of 2009(M)


1. SUJAYA SANKAR, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR MEDICAL EDUCATION,

3. THE DIRECTOR, COLLEGE OF NURSING,

4. THE PUBLIC SERVICE COMMISSION,

                For Petitioner  :SRI.BIMAL K.NATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :16/10/2009

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                  W.P.(C) No.13169 OF 2009
               ---------------------------------------
          Dated this the 16th day of October, 2009.


                         J U D G M E N T

The petitioner joined as Lecturer under the 3rd respondent

on 05.06.1989. The petitioner, after getting an opportunity for

work and higher studies in Australia, applied for Leave Without

Allowance as per Exhibit P1. Anticipating sanction of leave, the

petitioner left India and joined for the course in Australia.

Presently, she is there along with her family. The petitioner was

served with a show cause notice proposing to take action against

her. The petitioner submitted Exhibits P3 to P5 representations

seeking various reliefs.

2. The main prayer in the writ petition is for a direction to

the respondents to pass appropriate orders on Exhibit P1 leave

application and keep in abeyance the disciplinary proceedings till

orders are passed.

3. On getting instructions, learned Government Pleader

submitted that already orders have been passed as per G.O.(Ms)

W.P.(C) No.13169/2009 2

No.277/2009/H&FWD dated 03.08.2009 removing the petitioner

from service. Therefore, it is for the petitioner to seek the

remedy of appeal against the said order on receipt of the copy of

the same. Learned counsel for the petitioner submitted that the

respondents may be directed to serve a copy of the same to the

petitioner. Learned Government Pleader submitted that already

copy of the order has been forwarded in her address in Australia.

Therefore, leaving open the remedy to challenge the same,

this writ petition is closed.

T.R. RAMACHANDRAN NAIR
JUDGE

smp