IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 15334 of 2009(J) -------------------------------------- PETITIONER(S): ---------------------- SREEKALA T.L., AMBILIKALA, MANCHADI, MALAYINKIL PO THIRUVANANTHAPURAM (SUPERVISOR, ICDS PROJECT, EDAKKAD,KANNUR DISTRICT). BY ADV. DR.K.P.SATHEESAN MR.K.K.GOPINATHAN NAIR MR.P.MOHANDAS (ERNAKULAM) MR.MATHEW SUNNY RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 15334 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of July, 2009 JUDGMENT Heard Dr.Sri.K.P.Satheesan, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner had served as I.C.D.S. Supervisor during the period from 1995 to 2000 and thereafter from 16-8-2005 till 12.12.2005. During the second spell of service she had applied for leave initially for a period of three months and thereafter for one year. Leave was granted only for the first spell of three months. The second spell of the leave applied for was not granted. The petitioner however proceeded on leave. Therefore, the petitioner's service was terminated with effect from 12-12-2005 by Ext.P4 order dated 20-3-2007 for unauthorized absence. Aggrieved thereby, she has moved the Honourable Minister for Health and Family Welfare by submitting Exts.P5 and P6 representations, wherein she has prayed that she W.P.(C) No. 15334/09 -2- may be reinstated in service. The petitioner submits that the originals of Exts.P5 and P6 representations have been forwarded by the Honourable Minister to the Secretary to Government and that till date orders have not been passed on the said representations. In this writ petition, the petitioner challenges Ext.P4 and seeks a direction to the respondents to reinstate her in service. 3. When this writ petition came up for hearing to day, the learned counsel appearing for the petitioner submitted that leaving open the petitioner's contentions on the merits, the Government may be directed to take a decision on Exts.P5 and P6 representations. The learned Government Pleader appearing for the respondents submitted that Exts.P5 and P6 representations were addressed to the Honourable Minister and that though an effort was made to trace them out, the attempt was not successful. 4. Having regard to the submissions made at the Bar and the averments made in the writ petition, I am of the opinion that petitioner should submit a fresh representation setting out her grievances to the Secretary to Government, Social Welfare Department instead of seeking the intervention of this Court at this sage. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Social W.P.(C) No. 15334/09 -3- Welfare Department setting out her claims and contentions within one month from today, the Secretary to Government shall consider the same and pass orders thereon after affording her a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date of receipt of such a representation. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE. mn.