IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14790 of 2009(P) ------------------------------------ PETITIONER(S): ------------------------- DR.K.A. PAIUS, KUNNATHUPARAMBIL, AMALAGIRI P.O., KOTTAYAM DIST. BY ADV. MR.THAMPAN THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY HEALTH DEPT. THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, HEALTH DEPARTMENT, THIRUVANANTHAPURAM. SR. BY GOVT. PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14790 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT Heard Sri.Thampan Thomas, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, a Doctor by profession has filed this writ petition challenging Ext.P11 order passed by the State Government declining to grant deputation benefits for undergoing the post graduate degree course in General Medicine during the period from 6.6.2006 to 5.6.2009 at Medical College, Kottayam. The petitioner's date of birth is 7.4.1961. The age of retirement of Government employees is 55 years. The petitioner will therefore retire from service on 30.4.2016. The post graduate degree course which he is undergoing will come to an end on 5.6.2009. On the ground that the petitioner will not have seven years service left after completing the post graduate degree course, deputation benefit was declined to him. 3. Sri.Thampan Thomas, the learned counsel appearing for the petitioner submits that after Ext.P11 order was passed the Government have issued G.O(P)No.154/2009/Fin. dated 24.4.2009 stipulating that Government employees who attain the age of WP(C).No.14790/2009 2 superannuation during the course of the financial year will retire only at the end of the financial year, meaning thereby that an employee who attains the age of superannuation on 30th April of a particular English Calender year will retire only on March 31st of the succeeding English Calender year. The learned counsel appearing for the petitioner submits that in that view of the matter, it cannot be stated that the petitioner who will retire from service only on 30.4.2017 will not have seven years service left after completing the post graduate degree course. 4. This aspect has not been considered by the Government evidently for the reason that it was after Ext.P11 order was passed that the Government issued G.O.(P)No.154/2009/Fin. dated 24.4.2009 extending the date of retirement of Government employees. In my opinion, the petitioner should bring this aspect to the notice of the State Government which passed Ext.P11 order and give the Government an opportunity to correct itself, instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Government along with a copy of G.O.(P)No.154/2009/Fin. dated 24.4.2009, the Government shall consider whether having WP(C).No.14790/2009 3 regard to the revised policy of the Government, Ext.P11 requires to be suitably modified. In the event of the petitioner filing a representation as directed above within one month from today, the Government shall consider the same and pass orders thereon giving reasons in support of its conclusions within another two months thereafter. Before orders are passed as directed above, the Government shall also afford the petitioner a reasonable opportunity of being heard. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS