IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26289 of 2009(E) -------------------------- PETITIONER(S): --------------- DR.BINDU PEREIRA S, INDUVIHAR, T.D.28/546, KAITHAMUKKU, THIRUVANANTHAPURAM-24. (TUTOR IN FORENSIC MEDICINE AND TOXICOLOGY GOVT.HOMEOPATHIC MEDICAL COLLEGE, TRIVANDRUM.) BY ADV. SRI.P.K.BEHANAN RESPONDENT(S): --------------- 1. THE PRINCIPAL & CONTROLLING OFFICER, GOVT.HOMOEOPATHIC MEDICAL COLLEGE, TRIVANDRUM. 2. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26289/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of September, 2009 J U D G M E N T The petitioner is a tutor in Forensic Medicine and Toxicology in Government Homoeopathic Medical College, Thiruvananthapuram. She was appointed as Tutor as per the advice made by P.S.C and accordingly, she joined duty on 25/06/2006. The petitioner was posted in the long leave vacancy of Dr.Sanilkumar M.C upto the end of his leave. Before the expiry of the leave, Dr.Sunilkumar was permitted to rejoin duty. This resulted in the discharge of the petitioner from service for want of vacancy. The petitioner was allowed to rejoin duty after a break of less than one year. Presently, the dispute is whether the break in period of service could be reckoned for the purpose of declaring probation. 2. The petitioner has already filed Ext.P4 representation before the Government in the matter. Relying upon Ext.P5 judgment in W.P.(C). No.21999/2007, it is submitted by the petitioner that this Court in several cases has set aside G.O.(MS).No.27/2005, dated/ 02/02/2005. All these matters are now for consideration by the Government, since the petitioner has already filed Ext.P4 representation. Therefore, there will be a direction W.P.(C). No.26289/2009 -:2:- to the second respondent to take a decision on Ext.P4 after hearing the petitioner within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms