IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8686 of 2011(I) ------------------------------- PETITIONER(S): -------------------- ROMA MATHEW, D/O.MATHEW PEREIRA, AGED 28 YEARS, REMYA, CHITTATTUMUKKU P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY HER POWER OF ATTORNEY HOLDER NOUFAL, AGED 28 YEARS, S/O.AHAMMED, MANTHALASSERIL,PANOOR,PALLANA PO,ALAPPUZHA DIST. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, (MEDICAL EDUCATION), SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, (MEDICAL EDUCATION), SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8686 OF 2011 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T The petitioner has filed this writ petition through her Power of Attorney Holder. The main prayer in the writ petition is for a direction to the 3rd respondent to consider Ext.P5 representation wherein the petitioner has sought six months extension of time for joining duty. Her appointment is to the post of Senior Lecturer in Pharmacy. The petitioner is now working in Dubai. She is working as a Medical Equipments Sales General in the company named Oasis Nutrition. 2. Pursuant to the selection conducted by the Public Service Commission, the petitioner was issued Ext.P2 advise memo and by Ext.P3 order, she was directed to report for duty before the Principal, Medical College, Thiruvananthapuram within 15 days. Ext.P4 is the corrected order. The petitioner got information regarding Exts.P3 and P4 from her parents. 3. The difficulty pointed out by the petitioner is that since W.P.(C) No.8686/2011 2 Ext.P1 agreement is executed for a period of 3 years from 05.08.2010, she needs nearly 5 months time to get relieved from her overseas employment and to take back her passport and other documents from her present employer. It is the case of the petitioner that the same is permissible in the light of Ext.P7 Government Order dated 17.07.1999. Ext.P8 is a further circular issued by the Government. 4. In Ext.P7 the Government has ordered that joining time to NORKAS working abroad can be granted by the Appointing Authority upto a maximum period of six months or till the end of one month after the expiry of the contract period with the employer, whichever is earlier subject to the condition that the seniority in such cases will be reckoned only from the date of joining duty as provided under the 1st proviso to Rule 27(c) of Part II Kerala State and Subordinate Services Rules. 5. The petitioner has submitted Ext.P5 request on 01.02.2011 and so far no reply has been furnished which has prompted her to approach this Court. There will be a direction to the 3rd respondent to take a W.P.(C) No.8686/2011 3 decision on Ext.P5 request to grant six months extension of time for joining duty within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp