IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 7225 of 2004(I) ------------------------------------ PETITIONER: ------------------- DR.KADAYIKKAL MOHAMMED ABDUL SHUKOOR, ASSISTANT SURGEON, MBBS, DCH, TALUK HEADQUARTERS HOSPITAL, PERINTHALMANNA (ON LEAVE) REP. BY HIS WIFE AND POWER OF ATTORNEY HOLDEN DR.MUMTAS, MUMTAS, HOSPITAL ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICE, DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, D.M.O'S OFFICE, PERINTHALAMANNA. BY GOVERNMENT PLEADER SRI. SHYSON.P. MANKUZHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7225/2004-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 02/05/2003. EXT.P.2: COPY OF THE COMMUNICATION OF THE SUPERINTENDENT, TALUK HEAD QUARTERS HOSPITAL, PERINTHALMANNA DTD. 05/05/2003. EXT.P.3: COPY OF THE ADMISSION TICKET ISSUED TO THE PETITIONER BY THE ROYAL COLLEGE OF PAEDIATRICS AND CHILD HEALTH. EXT.P.4: COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE R.2. DTD. 12/01/2004. EXT.P.5: COPY OF THE ORDER ISSUED BY THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM NO. EA1-99/05/DHS DT. 12/05/05. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.7225 of 2004 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioner approached this court with certain grievances regarding non-sanctioning of his leave for higher studies. In the meanwhile petitioner came back and wanted to join duty cancelling the unavailed portion of leave. On 31-5-2005 the impugned order was stayed by this court at the risk of the petitioner. Petitioner prays for an opportunity to make a detailed representation before the first respondent. In the above circumstances the writ petition is disposed of as follows. In the event of the petitioner submitting a representation before the first respondent within a period of two months from today, the matter will be considered with notice to the petitioner and appropriate orders in accordance with law will be passed within a period of another four months. The fate of the steps taken by the petitioner pursuant to the interim order passed by this court will depend on the order thus passed by the first respondent. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.7225 of 2004 ----------------------------------- JUDGMENT 10th November, 2008