IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 6725 of 2011(M) ------------------------- PETITIONER(S): --------------- K.BALAKRISHNA PILLAI, KUZHINJAYYATHU PUTHEN VEEDU, PUTHANAMBALAM P.O., IVERKALA WEST NORTH, KUNNATHUR, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): --------------- 1. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001. 3. THE REGISTRAR, KERALA UNIVERSITY, THIRUVANANTHAPURAM-695001. 4. THE SECRETARY, N.S.S COLLEGE CENTRAL COMMITTEE, CHANGANACHERRY, KOTTAYAM-686547. 5. THE PRINCIPAL, N.S.S.COLLEGE, PANTHALAM, PATHANAMTHITTA-689757. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R3 R1 & R2 BY G.P. SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6725 of 2011-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2011. JUDGMENT The petitioner who was working as Lab Assistant under respondents 4 and 5, is aggrieved by the order dismissing him from service with effect from 5.8.2005. The service particulars of the petitioner show that he entered service in the N.S.S. College, Panthalam under the management of fourth respondent as a last grade servant on 11.10.1982. Later, he was promoted as Attender and was re-designated as Lab Assistant. According to him, he was undergoing treatment for mental disease from 13.3.2005 and continued to attend the duties in the college up to 3.8.2005. The mental illness was aggravated after 3.8.2005 and he was not in a position to attend the duties in the college. 2. It is pointed out that after continued treatment he has regained his mental condition and then only he came to know about the order passed by the management by which he was dismissed from service. Ext.P2 is stated to be the letter issued by the wife of the petitioner pointing out that the petitioner is under treatment. Ext.P5 is the copy of the enquiry report which was obtained by the petitioner under the Right to Information Act. After wpc 6725/2011 2 filing an application for review of the punishment, he moved this Court seeking for appropriate directions. 3. Learned counsel for the petitioner submitted that the petitioner's remedy is to approach the University Appellate Tribunal and therefore the petitioner may be granted liberty to move the Tribunal against the order of dismissal. 4. If the petitioner approaches the Tribunal within a period of one month from today, the same will be considered in accordance with law, with notice to all parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/