IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 3773 of 2009(Y) ------------------------- PETITIONER(S): --------------- DR.K.A. SURESH KUMAR, CADET AVENUE, CHITTOOR COLLEGE.P.O, PALAKKAD. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3773/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T The main relief sought for in this writ petition is to quash Ext.P3, and for a direction to the respondent to reinstate the petitioner in service in the post of the Assistant Surgeon. 2. The petitioner entered service in the post of the Assistant Insurance Medical Officer in the State Insurance Department on 28/07/1993. He was granted leave without allowance on different spells in accordance with the Appendix XII A of the Kerala Service Rules. The same is evidenced by Ext.P1. Even though he sought for an extension, that was not granted and, therefore, he submitted a request seeking permission to rejoin duty which is evidenced by Ext.P2 dated 05/09/2007. But surprisingly, he was issued with Ext.P3 order by which his service was terminated with effect from 16/04/2002. 3. Aggrieved by the same, he has filed Ext.P4 under Rule 35 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 seeking review of Ext.P3 order. Along with Ext.P4 he W.P.(C) No.3773/2009 -:2:- has filed a separate petition to condone the delay in filing the review petition also. 4. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P4 on its merits within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms