IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WA.No. 2101 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.35312/2010 Dated 03/12/2010 .................... APPELLANT/PETITIONER: --------------------------- THRESIAMMA MATHEW, D/O.MATHEW, AGED 35, STAFF NURSE, GOVERNMENT GENERAL HOSPITAL, KOZHIKODE, NARITHURUTHIL HOUSE, CHEERANCHIRA P.O., CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. SRI.SRINATH GIRISH SRI.E.NARAYANAN RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695035. 2. THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, NEAR SECRETARIAT, THIRUVANANTHAPURAM PIN-695035. BY SENIOR GOVT. PLEADER, SRI. BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2101 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by judgment dated 03.12.2010 in W.P.(C) No.35312 of 2010, the unsuccessful petitioner therein preferred the appeal. 2. The appellant is a Staff Nurse employed in the service of the Health Department of the Government of Kerala and while working at the General Hospital, Kozhikode, between 20.06.2009 and 20.09.2010, the appellant availed leave without allowances to accept employment abroad. During the said period, the State of Kerala called for options of the employees of the Health Department as to their willingness to go to the Medical Education Department by GO(P) No.370/2010 H&FWD dated 19.06.2010. Under the said Government Order the employees desirous of opting to the Medical Education Department are required to communicate their option on or before 05.07.2010. 3. As the appellant was away from India, at that WA No. 2101 of 2010 -:2:- point of time, she did not exercise the option. However, on return to India the appellant filed an application on 06.10.2010. Thereafter the appellant approached this Court by way of the abovementioned writ petition praying that her case also be considered for opting to the service of the Medical Education Department. By the judgment under appeal, a learned Judge of this Court dismissed the writ petition holding that the Government cannot fix the last date for submitting options depending upon the convenience of individual employees. We do not see any reason to take a different view than the one taken by the learned Judge. We do not see any merit in the appeal. The appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb WA No. 2101 of 2010 -:3:-