IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 17763 of 2000(M) ---------------------------------- PETITIONER: ------------------- N. NELSON, KARAKKAD PUTHUVAL PUTHEN VEEDU, CHENKAVILA, PARASSALA, TRIVANDRUM. BY ADV. SRI.VELLAYANI SUNDARARAJU, ADV. SMT.P.MEENAKUMARI. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVT., DEPARTMENT OF HEALTH, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT, TALUK HEAD QUARTERS' HOSPITAL, NEYYATTINKARA. 5. THE ADDL. DIRECTOR OF HEALTH SERVICES, (MEDICAL), TRIVANDRUM. BY GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 29263/2000 IN O.P. NO. 17763/2000-M DISMISSED 29/02/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE MEMO CHARGES VIDE NO. EC5/143176/88/DMS DT. 27/02/1989 OF THE R.5. TO PETITIONER. EXT.P.2: COPY OF THE WRITTEN EXPLANATION OF PETITIONER TO R.3. DTD. 31/03/89. EXT.P.3: COPY OF THE REGISTERED LETTER OF R.3. VIDE NO. EC5/143176/88/DHS DT. 29/08/1989 TO PETITIONER. EXT.P.4: COPY OF THE SHOW CAUSE NOTICE NO. R.5. TO PETITIONER VIDE NO. EC5/143176/88/DHS DT. 11/10/89. EXT.P.5: COPY OF THE WRITTEN EXPLANATION OF PETITIONER TO R.3. DT. 25/11/89. EXT.P.6: COPY OF THE LETTER OF R.4. VIDE NO.A3.1655/88/THN DT. 12/12/89 TO PETITIONER. EXT.P.7: COPY OF THE ORDER VIDE NO. EC5/143176/88/DHS OF R.5. DTD. 23/08/90 TO PETITIONER. EXT.P.8: COPY OF THE APPEAL TO R.2. BY PETITIONER DT 09/04/91. EXT.P.9: COPY OF THE LETTER OF THE R.2. TO PETITIONER VIDE NO. 18946/H2/91/H&FRD DT. 29/04/91. EXT.P.10: COPY OF THE REPRESENTATION OF PETITIONER DT. 29/04/91 TO R2. EXT.P.11: COPY OF THE ORDER NO. EC4/58562/91/DHS DT. 06/08/91 OF R.5. PETITIONER. EXT.P.12: COPY OF THE APPEAL TO END RESPONDENT BY PETITIONER DTD. 08/11/91. EXT.P.13: COPY OF THE REPRESENTATION OF PETITIONER DT. 14/06/95 TO THE HONOURABLE CHIEF MINISTER OF KERALA. O.P. NO. 17763/2000-M: EXT.P.14: COPY OF THE G.O. (RT). NO. 172/99/H&FWD DT. 23/01/99 OF R.2. TO PETITIONER. EXT.P.15: COPY OF THE APPEAL OF PETITIONER DTD.10/02/99 TO R.1. EXT.P.16: COPY OF THE MEDICAL CERTIFICATE DT. 04/04/91 OF DR. S. THANKAYYAN, ASST. PROFESSOR, MEDICAL COLLEGE TO PETITIONER. EXT.P.17: COPY OF THE JUDGMENT DT. 26/11/99 IN O.P. NO. 29611/99. EXT.P.18: COPY OF THE ORDER DT. 25/04/2000 OF JOINT SECRETARY TO HEALTH TO PETITIONER. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 17763 of 2000 ----------------------------------------- Dated this the 29th day of February, 2008 JUDGMENT Petitioner approached this court aggrieved by the recovery proceedings initiated against him and also praying for reconsideration of the orders already passed. It is seen from Ext.P17 judgment that this court had directed the Government to consider the matter afresh. It is stated in the impugned Ext.P18 order that the original petition was dismissed. Certainly it is a mistake of fact. The original petition was disposed of directing the Government to take a decision on merits. It is seen from Ext.P18 order that the petitioner could not produce any proof regarding his treatment from 27-7-1988 to 4-4-1991 and hence the question of reinstatement was not considered. Despite the pendency of the writ petition for over seven years there was no counter affidavit. Hence on 1-2-2008 this court passed an order which reads as follows:- “Counter affidavit within three weeks and if not, it will be taken that the respondents have no objection in allowing the original petition.” OP NO.17763/2000 -:2:- Even now there is no counter affidavit. 2. The learned Government Pleader submits that the Government is justified in passing the impugned order since the petitioner had not produced the relevant materials before the Government. I am afraid this stand cannot be appreciated. It is seen from Ext.P16 medical certificate dated 4-4-1991 that the petitioner was suffering from traumatic paraplegia with anxiety neurosis from 27-7-1988. Thus there is satisfactory explanation regarding his inability to attend the office, which is supported by a medical certificate. The absence from 27-7-1988 to 4-4-1991 thus having been satisfactorily explained, the Government is not justified in passing the impugned order. Ext.P18 is set aside. There will be a direction to the Government to pass fresh orders in the matter treating that the period between 27-7-1988 to 4-4-1991 has been satisfactorily explained by Ext.P16 medical certificate. The consequential benefits arising out of the above shall be disbursed to the petitioner within a period of three months from the date of production of a copy of the judgment and if not the petitioner will be entitled to interest at the rate OP NO.17763/2000 -:3:- of 12% from the date of Ext.P17 judgment and the officers responsible for the delay shall be personally liable for the same. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No. 17763 of 2000 ----------------------------------- JUDGMENT 29th February, 2008