IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 25935 of 2011(N) -------------------------------- PETITIONER: -------------- DR.DEEPTHI SIMON, ASST.PROFESSOR IN ORAL AND MAXILLOFACIAL SURGERY GOVERNMENT DENTAL COLLEGE, THIRUVANANTHAPURAM. BY ADVS. SRI.P.RAVINDRAN, SENIOR ADVOCATE SMT.ANU SIVARAMAN SMT.APARNA RAJAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF MEDICAL EDUCATON, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25935/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE ADVISE MEMO ISSUED TO THE PETITIONER DTD.4/11/2003. EXHIBIT P2: TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN WPC.19029/2005 DATED 16/11/2005. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 10/3/2006. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 12/6/2006. EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 14/9/2010. EXHIBIT P6: TRUE COPY OF THE COMMUNICATION DATED 30/11/2010. EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED 16/8/2011. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25935 OF 2011 --------------------------------------- Dated this the 17th day of October, 2011. J U D G M E N T The petitioner is seeking for a direction to the Government to consider and pass orders on Ext.P5 representation. The claim raised by the petitioner arises in the following circumstances. 2. The petitioner was advised by the Public Service Commission for appointment as Lecturer in Oral and Maxillofacial Surgery. The date of the advice memo issued by the Commission is 04.11.2003. There occurred some delay in issuance of the appointment order which led to the petitioner filing a writ petition before this Court wherein an interim order as per Ext.P2 was passed. 3. It is averred in the writ petition that the petitioner had to resort to the proceedings under the Contempt of Court Act seeking implementation of Ext.P2 order and finally Ext.P3 order was passed. By Ext.P3 dated 10.03.2006, the petitioner was directed to be given a posting order by the Government. Ext.P4 W.P.(C) No.25935/2011 2 is the proceedings of the Principal, Government Dental College, Kottayam whereby the petitioner was permitted to join duty as Lecturer. The same is dated 12.06.2006. 4. The present grievance raised by the petitioner is that the petitioner has lost two years and seven months of service for no fault of her. Therefore, seeking for appropriate orders for giving retrospective effect to her appointment, the petitioner has filed Ext.P5 representation before the Government. 5. Heard the learned Government Pleader. I am not going into the merits of the claim as the Government will have to consider the matter in accordance with law. There will be a direction to the Government to consider and pass orders on Ext.P5 representation, after notice to the petitioner in accordance with law, within a period of six months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp