IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 30850 of 2011(E) -------------------------------------- PETITIONER(S): --------------------- VALSALA DEVI.K.K,JUNIOR HEALTH INSPECTOR GR.I(RETIRED )COMMUNITY HEALTH CENTRE, PATHANAPURAM,RESIDING AT 'SREE VISHAKH', BHARANIKAVU ,PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): ------------------------ 1. MEDICAL OFFICER,COMMUNITY HEALTH CENTRE,PATHANAPURAM,KOLLAM DISTRICT 689 695. 2. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KARAVALUR PO,KOLLAM DISTRICT 691 314. 3. DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM 691 001. 4. DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM 695 001. 5. STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE(C) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695 001. R1 TO R5 BY SENIOR GOVT.PLEADER LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WP(C).No. 30850 of 2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION NO.A7-20611/08/DMOHK DATED 30/3/2009 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS NO.139/09 MOPHC KARAVALUR DATED 22/6/2009 EXHIBIT P3 A TRUE COPY OF THE ORDER NO.A7-20611/2008/DMOHK DATED 24/11/2010 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION NO.10901/C2/2011/H & FWD DATED 28/3/2011 ISSUED BY THE 5TH RESPONDENT EXHIBIT P5 A TRUE COPY OF THE JUDGEMENT DATED24/6/2011 IN WPC NO.15511/2011 OF THIS HONOURABLE COURT. EXHIBIT P6 A TRUE COPY OF GO(RT) NO.3325/2011 /H & FWD DATED 23/9/2011 EXHIBIT P7 A TRUE COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 10/10/2011 RESPONDENTS' EXHIBITS :NIL \\TRUE COPY\\ PA TO JUDGE JM K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.30850 of 2011 --------------------------------------------- Dated this the 19th day of November 2011 JUDGMENT The petitioner retired from service as a Junior Health Inspector Grade I on 31.3.2011. According to the petitioner, while working in the office of the second respondent, she was unable to attend duty from 1.7.2008 onwards because of inter vertebral disc prolapse. Therefore, she submitted an application for leave without allowances supported by a medical certificate. However, the Medical Officer forwarded the leave application without recommending the same. Therefore, the third respondent directed the petitioner to appear before the District Medical Board. Accordingly, the petitioner appeared before the Board and on her examination, it was found that she required three weeks' bed rest and therefore, she was directed to take bed rest. She was also directed to rejoin duty after three weeks. Thereafter, as per Ext.P2, the petitioner rejoined duty on 22.6.2009. WPC No.30850 of 2011 2 However, since her health continued to be bad, she again requested for leave without allowances on medical grounds. But, no action was taken on her leave application. Subsequently, though the leave application was forwarded to the Government, the same was returned to the third respondent directing the said authority to verify and report regarding the genuineness of the medical certificate produced by the petitioner. The petitioner then filed WPC No.15511 of 2011 before this Court. This Court directed the fourth respondent to forward the leave application of the petitioner to the fifth respondent within two weeks of the date of receipt of a copy of the judgment in the said case and the fifth respondent was directed to consider the same within two months of receipt thereof. 2. The leave application of the petitioner was accordingly considered by the fifth respondent and by Ext.P6 proceedings, without hearing the petitioner, the leave application was rejected. As per Ext.P6, leave without allowances otherwise than on medical grounds has been granted. The petitioner has filed Ext.P7 seeking WPC No.30850 of 2011 3 a review of the order Ext.P6, which is pending before the fifth respondent. The counsel for the petitioner seeks the issue of a direction for the consideration and disposal of Ext.P7. 3. I have heard the learned Government Pleader also. 4. In view of the limited relief that is claimed by the petitioner, I am of opinion that this writ petition can be disposed of directing the fifth respondent to consider and pass orders on Ext.P5. 5. This writ petition is accordingly disposed of directing the fifth respondent to consider Ext.P7 representation submitted by the petitioner in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/