IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 32722 of 2008(U) -------------------------------------- PETITIONER(S): ------------------------ SIKHAMONY, W/O. PREMJI, AGED 46 YEARS, SIVAGANGA, CLAPPANA.P.O, KOLLAM - 690 525. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.N.SASIDHARAN NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. 4. THE SUPERINTENDENT, GOVERNMENT VICTORIA HOSPITAL, KOLLAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:32722 of 2008 ----------------------------- Dated this 25th day of November, 2008 JUDGMENT Heard Sri.P.B.Suresh Kumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Staff Nurse in the Health Services Department. By Ext.P1 application dated 26-10-2007 she had applied to the Director of Health Services to retire from service on invalid pension invoking Rules 42 & 43 of Part III of the Kerala Service Rules. The petitioner's grievance is that though she was subjected to medical examination and the Medical Certificate has been forwarded by the third respondent to the Director of Health Services as early as in February, 2008, final orders have not been passed in the matter. In this writ petition, the petitioner prays for a writ in the nature of mandamus commanding the second respondent to consider Ext.P1 application and pass final orders thereon within a time limit to be fixed by this Court. 3. The learned Government pleader appearing for the respondents on instructions submits that Ext.P1 application along with the attested copy of the Medical Certificate was forwarded by the District Medical Officer of Health, Kollam to the Director of Health Services on 6-3-2008 and that the Director of Health Services is yet to wpc:32722 of 2008 pass final orders in the matter. The petitioner states that due to various ailments she is not in a position to discharge her duties as Staff Nurse efficiently. Rule 42 of Part III of the KSR permits government employees to retire from service on invalid pension, on the terms stipulated therein. As the petitioner has invoked the said provision and expressed desire to retire from service on invalid pension, the second respondent is bound to consider the same and take a final decision in the matter. In these circumstances, I dispose of the writ petition with a direction to the Director of Health Services to consider Ext.P1 application in the light of the Medical Certificate forwarded by the third respondent and pass final orders thereon within a period of two months from the date of receipt of copy of this judgment. If the Director of Health Services is of the opinion that the petitioner has to be heard in person it will be open to him to hear her before final orders passed in the matter. P.N.RAVINDRAN, JUDGE