IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 33850 of 2010(E) PETITIONER: --------------- T.K.SASIKALA, STAFF NURSE, D.M.E.II, MEDICAL COLLEGE HOSPITAL, KOTTAYAM. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (S) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM- 695 001. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM-695 001. 4. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM- 695 001. SENIOR GOVERNMENT PLEADER SMT.N.SUDHADEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 33850 OF 2010 E ------------------------------------------------------ Dated this the 16th day of November, 2010 JUDGMENT While working as Staff Nurse at Medical College Hospital, Thiruvananthapuram, the petitioner availed maternity leave for three months from 2.7.1998 to 29.9.1998. After expiry of the maternity leave, the petitioner did not rejoin duty. According to her, there were valid reasons for the same. It is stated that thereafter, the third respondent permitted the petitioner to rejoin duty at Medical College Hospital, Thiruvananthapuram, subject to disciplinary action, as per Ext.P2 order dated 16.10.2001. The petitioner rejoined duty on 24.10.2001. It is stated that the petitioner is now working as Staff Nurse at Medical College Hospital, Kottayam. 2. On 26.5.2008, the third respondent issued memo of charges and asked the petitioner to show cause why disciplinary action should not be taken against her for unauthorized absence from 30.9.1998 to 23.10.2001. The petitioner submitted defence statement. Finding that the explanation was not satisfactory, it was provisionally decided to bar three increments of the petitioner without W.P.(C) NO.33850 OF 2010 E :: 2 :: cumulative effect. Again a show cause notice was issued to the petitioner. After hearing the petitioner, the disciplinary proceedings were finalized, by passing Ext.P4 order dated 17.7.2010, imposing a punishment of bar of one increment without cumulative effect. The petitioner filed Ext.P5 appeal dated 12.8.2010 before the Director of Medical Education challenging Ext.P4 order. It is stated that Ext.P5 is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “(i) to call for the records leading to Exhibit P4 and quash the same by issuance of a writ of certiorari or any other writ, order or direction; (ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to grant all the consequential benefits to the petitioner as if Exhibit P4 order was never issued; (iii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibit P5 appeal as expeditiously as possible after affording an opportunity of being heard; and W.P.(C) NO.33850 OF 2010 E :: 3 :: (iv) to issue such other writ order or direction as this Honourable Court may deem fit and proper in the circumstances of the case.” 4. Learned counsel for the petitioner submitted that, for the time being, it would be sufficient if Ext.P5 appeal is directed to be considered and disposed of expeditiously. Accordingly, the Writ Petition is disposed of directing the second respondent to dispose of Ext.P5 appeal submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. (K.T.SANKARAN) Judge ahz/