IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30544 of 2009(K) -------------------------- PETITIONER(S): --------------------- AMBIKA V.N., VETTIKAKUZHIYIL HOUSE, KARAKKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT, (STAFF NURSE, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA, ON LEAVE WITHOUT ALLOWANCES). BY ADV. SRI.K.SASIKUMAR SRI.P.JINISH PAUL RESPONDENT(S): ----------------------- 1. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 2. DISTRICT MEDICAL OFFICER, ALAPPUZHA. 3. SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, ALAPPUZHA. 4. STATE 0F KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SR.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30544 OF 2009 (K) -------------------------------------------------- Dated this the 28th day of October, 2009 J U D G M E N T Petitioner was a Staff Nurse in the Health Services Department of the Government of Kerala. She availed leave without allowance for foreign employment initially for the period from 1988-1993 followed by extension for the periods from 1993-1998 and 1998-2003. Again she applied for extension and that was not granted. 2. According to the petitioner subsequently, she came back and represented for permission to rejoin duty but however that was not allowed. At that stage, disciplinary action was also initiated issuing Ext.P4 memo and she filed Ext.P5 reply. While so, petitioner came to know that another Nurse similarly situated like the petitioner by name Smt. P. Sujatha a Staff Nurse from Alappuzha Medical College, who also availed leave without allowance was permitted to rejoin duty even during the pendency of the disciplinary action. Petitioner has produced Exts.P10 to P13 orders that were issued in that case. 3. Coming to know of this development, petitioner submitted WPC.No.30544 /09 :2 : Ext.P14 representation to the first respondent requesting that she be also allowed to rejoin duty as in the case of Smt. P. Sujatha mentioned above. This representation is pending before the first respondent and as orders have not been passed, this writ petition is filed. 4. As stated, the grievance of the petitioner is that in her case she is not permitted to rejoin duty while a similarly situated employee was allowed to join duty. It is urging this complaint that the petitioner has filed Ext.P14 before the first respondent. 5. Having regard to the pendency of Ext.P14, I feel that it is only appropriate that the first respondent should consider the said representation and pass appropriate orders thereon duly adverting to Exts.P10 to P13 as well. An order as above shall be passed as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for compliance. (ANTONY DOMINIC) JUDGE vi/