IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 OP.No. 9742 of 2000(I) ---------------------- PETITIONER(S): --------------- AMMUKUTTY VARGHESE, T.C. 5/467, INDIRA NAGAR ROAD, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. N. SUDHA DEVI FOR R1 & 2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 9742/2000. ---------------------------------------------------------------- EXT. P1 TRUE COPY OF LETTER DT. 20-7-1982. EXT.P2 LETTER DT. 11-10-1983. EXT.P3 ORDER DT. 11-10-1984. EXT.P4 ORDER DT. 21-8-1998. EXT.P5 ORDER DT. 19-2-2000. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 9742 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd September, 2009. J U D G M E N T The petitioner joined service as a Staff Nurse in the Health Services Department of the Government of Kerala, on 31-10-1969. She claims to have been deputed to Libiya on 22-1-1973, pursuant to which she was relieved from service on 23-1-1973. The period of deputation expired on 22-1-1978. The petitioner sought extension of period of deputation, which was not considered. On 12-6-1978, she rejoined duty. Thereafter, on 28-7-1978, her application for extension of the deputation period was rejected. On 14-6-1978, the petitioner submitted an application requesting that she may either be granted leave for taking up employment abroad or to accept her resignation from service. No orders were passed thereon. According to the petitioner, in the meanwhile, the petitioner was offered employment in Libiya by Exts. P1 and P2, the benefit of which she could not avail, since the respondents did not issue relieving order. Therefore, the petitioner claims to have withdrawn the resignation on 17-12-1982. No orders were passed on the same also. Subsequently, by Ext. P3 order dated 11-10-1984, the petitioner was intimated that her resignation was accepted with effect from 15-6-1978. According to the petitioner since she had withdrawn the resignation prior to the acceptance, the acceptance has no validity. The petitioner therefore seeks the following reliefs: “i. To issue a writ, direction or order in the nature of mandamus or such other appropriate writ, direction or order commanding the respondents to pay to the petitioner pension and other retirement benefits, with interest at the rate of 18% on the same from 14-6-1978; ii. To issue a writ of certiorari calling for the records leading to Exts.P.3 and 5 and quash the same.” O.P.. No. 9742/2000 -: 2 :- 2. I specifically asked the learned counsel for the petitioner as to what the petitioner was doing in the meanwhile. It is frankly admitted that she was working in Libiya. This is also stated in paragraph 5 of the counter affidavit filed by the respondents. That being so, I am not inclined to exercise my discretionary jurisdiction of this Court under Article 226 of the Constitution of India in favour of the petitioner. Accordingly, the original petition is dismissed. S. Siri Jagan, Judge. Tds/