IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WA.No. 832 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.8646/2010 .................... APPELLANT/PETITIONER ------------------------ DR.A.K.GOPAKUMAR,'SREEVILAS', VADAKKUMTHALA EAST.P.O,KARUNAGAPALLY, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS/RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF HEALTH AND FAMILY WELFARE,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR,DIRECTORATE OF MEDICAL EDUCATION,THIRUVANANTHAPURAM. 3. THE PRINCIPAL,MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. G.P. SMT.T.B.REMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.832 of 2010 .................................................................... Dated this the 6th day of August, 2010. JUDGMENT Ramachandran Nair, J. Appellant while serving as Senior Lecturer in the Department of Anaesthesia in the Medical College, applied for leave and went abroad for taking employment. Leave was declined and appellant was directed to rejoin duty. However, on account of failure of the appellant to rejoin duty, show cause notice was issued to him, to which appellant filed reply. However, since appellant did not join duty within the time granted by the Government, he was dismissed from service in 2007. The appellant was out of service only for one and a half years and he is dismissed only because he could not join duty within the time stipulated by the respondents. Appellant's case is that ever so many vacancies are available even now and appellant could be easily accommodated. Government Pleader on the other hand submitted that along with the appellant several others were dismissed and selection was thereafter made through PSC. According to the Government, no 2 vacancy exists as of now. Though appellant is controverting this position with material obtained under the Right to Information Act from the respondents, we do not think there is any need for us to verify ourselves whether vacancy exists. However, we feel, if vacancy is there and appellant is still declined, then the stand of the respondents is against their own interest because a Doctor otherwise qualified is thrown out of service for being absent for one and a half years, whereas large number of Doctors granted leave, do work outside for several years and are allowed to rejoin back for duty. In the circumstances and recording the submission of the Government Pleader, we dispose of the Appeal leaving freedom to the appellant to approach this court, if respondents make any effort to notify for appointment to any further post, within a period of one year from now. However, respondents are free to advertise any post for Senior Lecturer after accommodating the appellant, even thin one year. We also direct the respondents not to 3 treat the dismissal for the above reason to disqualify the appellant to apply for any post in the Government as he is otherwise qualified and was already a Senior Lecturer in Government Medical College. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms