IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17634 of 2011(D) -------------------------------------- PETITIONER: ------------------- R.K.SOMASEKHARAN,VRINDAVAN,PERUMKOOR, KONCHIRA.P.O,VEMBAYAM,THIRUVANANTHAPURAM, PIN-695 615. BY ADV. SRI.K.P.RAJEEVAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN – 695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O,THIRUVANANTHAPURAM, PIN – 695 011. 3. THE PRINCIPAL,MEDICAL COLLEGE, THIRUVANANTHAPURAM, PIN – 695 011. 4. ACCOUNTANT GENERAL OF KERALA,STATUE, THIRUVANANTHAPURAM, PIN – 695 001. R1 TO R4 BY GOVT. PLEADER SRI. V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17634/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 22/09/1983 ISSUED BY THE R.3. EXT.P.2: COPY OF THE POLICY NO.KSID LI 36703/84 ISSUED BY THE DIRECTOR OF INSURANCE. EXT.P.3: COPY OF THE ORDER DTD. 10/08/1988. EXT.P.4: COPY OF THE ORDER DTD. 11/09/1986 ISSUED BY THE R.3. GRANTING 1 YEAR REDUCTION IN THE DURATION OF THE COURSE OF STUDY. EXT.P.5: COPY OF THE LAST REPRESENTATION DTD. 21/02/2011 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.6: COPY OF THE ORDER DTD. 18/06/2011 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17634 Of 2011-D -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The petitioner's grievance is that even though he filed a representation before the 2nd respondent seeking to grant pension,stating that the petitioner is a deserter from Government service the same has been refused. 2. It is contended in the Writ Petition that even the admitted period of service of the petitioner if considered, there will be 14 years of service and the petitioner will be entitled to be granted various pensionary benefits and that the same has not been considered in Exhibit P6. The petitioner also points out that there was no disciplinary action against the petitioner. 3. Exhibit P6 is a decision taken by the 2nd respondent against which the petitioner can avail the remedy of moving the Government itself. 4. If the petitioner approaches the Government by filing appeal/representation against Exhibit P6 along with a copy of this judgment within one month, the same will be considered in W.P.(C)No.17634/11 -2- accordance with law and appropriate orders will be passed within a further period of six months, after hearing him. The Writ Petition is accordingly disposed of. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn