IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 34255 of 2009(B) -------------------------- PETITIONER(S): --------------- C.PREMACHANDRAN NAIR, S/O.CHELLAPPAN PILLAI, AGED 48 YEARS, RESIDING AT DEVI VILASOM, TC 19/436, MUNDAVANMUGAL, POOJAPURA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANATHAPURAM. 2. DIRECTOR, INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. 3. SENIOR MEDICAL OFFICER, GOVERNMENT AYURVEDA HOSPITAL, KADAYKAVUR, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER (ISM) INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. MRS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34255 of 2009 (B) --------------------------------- Dated, this the 30th day of November, 2009 J U D G M E N T The petitioner joined the Government Ayurveda Hospital, Kadaykavoor as Cook on 28/07/1993. Immediately thereafter, on 16/08/1993, after making application for Leave Without Allowance for five years, in anticipation that leave will be sanctioned, he left for abroad in order to take up employment there. Going by the pleadings itself, thereafter only on 20/06/2008 he reported for duty, and thereupon he came to know that by Ext.P4 order dated 25/03/1995, his services were terminated. It is stated that thereupon the petitioner made Ext.P5 representation and in this writ petition he seeks an order for its consideration. 2. Evidently, without even getting leave sanctioned the petitioner absented from duty immediately joining the service. If so, that was a case of misconduct and the respondents have rightly initiated action by terminating him from service. Thereafter, he reported for duty only in 2008. On facts even the theory of medical WP(C) No.34255/2009 -2- treatment is unbelievable to be accepted. Therefore, I find absolutely no merit in the objection raised by the learned counsel for the petitioner against Ext.P4 order of termination or against the action of the respondents in not allowing the petitioner to rejoin duty. In these circumstances, I do not think that this is a fit case for this Court to direct consideration of the representation filed by the petitioner. Therefore, this writ petition is dismissed. (ANTONY DOMINIC, JUDGE) jg