IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5906 of 2008(C) ------------------------------------ PETITIONER: ------------------ T. ABDU RAHIMAN, S/O.KUTTIALY AGED 54 YEARS, (PHARMACIST, PRIMARY HEALTH CENTRE CHANGARATH) RESIDING AT BISMI, KOTTAPPURAM P.O. ANTHIYUR KUNNU, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ----------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HEALTH & FAMILY WELFARE DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER (HEALTH) CIVIL STATION, KOZHIKODE. 4. THE MEDICAL OFFICER PRIMARY HEALTH CENTRE, CHANGAROTH KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 5906 of 2008 -------------------------- Dated this the 20th February, 2008 J U D G M E N T After the availing of Leave Without Allowances for taking up employment abroad, petitioner rejoined duty as a Pharmacist on 21.12.2004. Later, he applied for Leave Without Allowances for 107 days on medical grounds with effect from 2.7.2005. Apparently, this was not sanctioned. Even after the illness when the petitioner reported for duty he was not permitted to do so. Therefore, he approached the Director of Health Services for a direction to permit him to join duty. It is to be noted that petitioner is due to retire on 31.5.2008. In the meanwhile, Exhibit P6 memo of charges has been issued, inter alia, alleging that the petitioner has been on unauthorised absence. Petitioner has submitted Exhibit P7 reply thereto. The proceedings are still pending. 2. In my view, if the petitioner has applied for leave on medical grounds it has to be considered at the earliest. The issue is now pending before the Director of Health Services. It W.P ( C) No. 5906 of 2008 2 is necessary that action should be taken at the earliest taking note of the fact that the petitioner is due to retire on 31.5.2008. In the result, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exhibit P5, at the earliest, at any rate, within four weeks from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 5906 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007