IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 4769 of 2010(U) ------------------------- PETITIONER: --------------- T.P.RAMESH, SCIENTIFIC ASSISTANT, (OCCUPATIONAL THERAPY), DEPARTMENT OF PHYSICALL MEDICINE & REHABITATION, GOVERNMENT MEDICAL COLLEGE, THRISSUR. (RESIDING AT TYPE III NO.2, STAFF FAMILY QUARTERS, GOVERNMENT MEDICAL COLLEGE, M.G.KAVU, THRISSUR). BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE HOSPITAL, MULAKUNNATHUKAVU, THRICHUR. BY GOVT. PLEADER SRI.SANDESH RAJA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4769/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE ORDER DT.17.6.1999 ISSUED BY THE 2ND RESPONDENT EXT.P2. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT THROUGH PROPER CHANNEL EXT.P3. COPY OF THE COMMUNICATION DT. 7.11.2002, ISSUED BY THE 2ND RESPONDENT EXT.P4. COPY OF THE REPRESENTATION ALONG WITH APPLICATION FOR LEAVE SUBMITTED TO THE 2ND RESPONDENT. EXT.P5. COPY OF THE COMMUNICATION DT. 21.3.2002 FORWARDED BY THE PRINCIPAL, MEDICAL COLLEGE, CALICUT TO THE 2ND RESPONDENT EXT.P6. COPY OF THE COMMUNICATION DT. 22.8.2007, ISSUED BY THE 1ST RESPONDENT EXT.P7. COPY OF THE PROCEEDINGS DT. 23.8.2007, ISSUED BY THE 2ND RESPONDENT EXT.P8. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P9. COPY OF THE PROCEEDINGS DT. 13.7.2009, ISSUED BY THE 2ND RESPONDENT EXT.P10. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P11. COPY OF THE COMMUNICATION DT. 1.12.2009, ISSUED BY THE ACCOUNTANT GENERAL OF KERALA EXT.P12. COPY OF THE COMMUNICATION ALONG WITH SENIORITY LIST OF SCIENTIFIC ASSISTANT PUBLISHED BY THE 2ND RESPONDENT. EXT.P13. COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT PA TO JUDGE /TRUE COPY/ C.T.RAVIKUMAR, J. --------------------------- W.P.(C) No. 4769 OF 2010 -------------------------- Dated this the 12th day of July, 2010 J U D G M E N T The petitioner is presently working as Scientific Assistant (Occupational Therapy) in the Medical Educational Service. He had applied for leave without allowance for the periods from 11.6.1997 to 20.6.1999 and from 27.12.2003 to 24.8.2007. He joined Medical Education Service on 2.5.1995. Admittedly the probation of the petitioner was not declared. This writ petition is filed mainly challenging Ext.P12 seniority list and also with a prayer for issuance of writ of mandamus commanding the respondents to declare the probation of the petitioner in the post of Scientific Assistant (Occupational Therapy) with immediate effect and to regularise the period of absence from 11.6.1997 to 20.6.1999 and from 27.12.2003 to 24.8.2007. He has filed Ext.P2 representation before the first respondent with a request to regularise the period of absence from 7.12.1997 to 20.6.1999 and filed Ext.P8 representation with a request to regularise the period of absence from 27.12.2003 to 24.8.2007. Since the said representations are pending before the first WPC No.4769/2010 2 respondent, without making any observation as to the merits of the contentions raised by the petitioner in this writ petition, this writ petition is disposed of with a direction to the first respondent to pass orders on Exts.P2 and P8 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment, if orders were not already passed on Exts.P2 and P8. It is made clear that this Court has not made any observation with respect to the entitlement of the petitioner for the aforesaid reliefs. C.T.RAVIKUMAR (JUDGE) vps WPC No.4769/2010 3 WPC No.4769/2010 4