IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 31817 of 2010(B) -------------------------- PETITIONER(S): ---------------------- DR.SUJA ANI.G., PROFESSOR OF ORTHODONTICS, DENTAL COLLEGE, KOTTAYAM. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.HENA BAHULEYAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 011. 3. THE PRINCIPAL, DENTAL COLLEGE, THIRUVANANTHAPURAM-695 011. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31817 OF 2010 ------------------------------ Dated this the 3 rd day of November, 2010 JUDGMENT While the petitioner was working as Associate Professor of Orthodontics, in Dental College, Thiruvananthapuram, she was transferred and posted as such at Dental College, Kozhikode, as per Ext.P1 order of transfer dated 3.1.2009. The petitioner challenged Ext.P1 order in WP(C) No.2961 of 2009. The petitioner alleged that she was harassed and humiliated by certain persons in the Dental College and she was transferred as a result of victimization. An interim stay of the transfer order was granted on 29.1.2009. Later, this court passed a detailed order dated 24th February, 2009 extending the stay until further orders, as per Ext.P7 order. After about one year, the respondents in WP(C) No.2961 of 2009 moved for vacating the order of stay. That prayer was rejected by Ext.P8 order dated 18th February, 2010. W.P.(C).No.31817 OF 2010 2 It is submitted that thereafter, the petitioner was promoted and posted as Professor in Orthodontics in the Dental College, Kottayam. 2. The petitioner submitted Ext.P4 application for the grant of eligible leave for 89 days from 8.1.2009 onwards. Later, on the basis of the stay order granted in WP(C)No.2961 of 2009, she reported for duty on 30.1.2009. The petitioner submitted Ext.P6 representation dated 9.2.2009 to the first respondent requesting to regularize her absence from duty for the period from 16.1.2009 to 29.1.2009. Ext.P6 is not considered and disposed of. 3. The reliefs prayed for by the petitioner in the Writ Petition are the following: i) To issue a writ of mandamus or other appropriate writ order or direction directing the respondents to regularize the service of the petitioner in the post of Associate Professor in Orthodontics in the Dental Education Service for the period W.P.(C).No.31817 OF 2010 3 9.1.2009 to 29.1.2009; ii) To grant such other and further reliefs that may be prayed for from time to time and this Hon'ble Court may deem fit and proper to grant; And iii) To award to the petitioner the costs in these proceedings.” 4. The learned counsel for the petitioner submitted that the petitioner confines her relief to a direction to dispose of Ext.P6 expeditiously. The learned Government Pleader submitted that the petitioner was relieved of her duties at Government Dental College, Thiruvananthapuram on 16.1.2009. It is also submitted by learned Government Pleader that Ext.P6 is under consideration of the first respondent. In the facts and circumstances mentioned above, I am of the view that the Writ Petition can be disposed of by directing the first respondent to W.P.(C).No.31817 OF 2010 4 dispose of Ext.P6 expeditiously. Accordingly, there will be a direction to the first respondent to consider and dispose of Ext.P6 representation as expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner would be entitled to put forward all her contentions before the first respondent. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms