IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30009 of 2011(A) ----------------------------------------- PETITIONER(S): ------------------------ SABAREESAN.P., S/O. DEVIDASAN NAIR, AGED 46 YEARS, HEALTH INSPECTOR,URBAN HEALTH TRAINING CENTRE, TDMC. AMBLAPUZHA PO, ALAPPUZHA DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.K.I.SAGEER IBRAHIM. RESPONDENT(S): -------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECREARY DEPARTMENT OF HEALTH GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF HEALTH SERVICES, HEALTH SERVICE DIRECTORATE, THIRUVANANTHAPURAM-695 001. 3. DR. SIAM MOHAN, MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, CHUNGATHARA-679 334. 4. DISTRICT MEDICAL OFFICER OF HEALTH, ALAPPUZHA-688 001. 5. DISTRICT MEDICAL OFFICER OF HEALTH, MALAPPURAM-676 505. R1,R2, R4 & R5 BY SR.GOVERNMENT PLEADER SRI.LIJU STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30009/2011 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.A6-12148/2011 /G.M.O. DATED 19-8-2011, ISSUED BY THE 5TH RESPONDENT. EXT.P2 TRUE COPY OF THE ORDER A3-12331/II/DMOHA DATED 12-8-2011 ISSUED BY THE 4TH RESPONDENT. EXT.P3 TRUE COPY OF THE PROCEEDING NO.299/2011 UHTC DATED 3-9-2011 ISSUED BY THE MEDICAL OFFICER, AMBALAPUZHA. EXT.P4 TRUE COPY OF THE PROCEEDING DATED 28-10-2011 ISSUED BY THE 3RD RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 2-11-2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. = = = = = = = = = = = = = WP(C).No.30009 of 2011-A. = = = = = = = = = = = = = Dated this the 11th November, 2011. J U D G M E N T The petitioner is working as a Health Inspector Grade II. He was on leave from 5.7.2011 to 7.7.2011, 9.7.2011 to 3.8.2011, 5.8.2011 to 15.8.2011. Thereafter, though he tried to join duty on 16.8.2011 he alleges that he was not permitted to join duty and therefore, the period from 16.8.2011 to 19.8.2011 has been directed to be treated as leave without allowances. 2. According to the petitioner, there was no unauthorised absence on his part. Meanwhile, he was transferred to the Urban Health Training Centre, Ambalapuzha. Further, the third respondent has treated the period from 5.7.2011 to 3.9.2011 as unauthorised absence, as per Ext.P4 proceedings. 3. According to the counsel for the petitioner, Ext.P4 is against Ext.P1 and therefore it is liable to be set aside. The petitioner has already filed Ext.P5 representation which WP(C).No.30009/2011-A. 2 is pending before the second respondent. 4. I have heard the learned Government Pleader also. 5. Since the grievance of the petitioner is pending consideration of the second respondent in Ext.P5, it is only proper that the issue is decided by the said authority in the first instance. Therefore, it is sufficient that the said representation is directed to be considered and disposed of expeditiously. 6. This writ petition is accordingly disposed of directing the second respondent to consider the representation submitted by the petitioner, evidenced herein by Ext.P5, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-