IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27436 of 2009(Y) -------------------------- PETITIONER(S): --------------- DR.N.S.JOSEPH, (FORMERLY ASOCIATE PROFESSOR OF MEDICINE, GOVERNMENT MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM), NEDUMKALLEL, A.O.JOSEPH ROAD, KIZHATHADIYOOR P.O., PALA, KOTTAYAM DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.K.V.VIMAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 011. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27436/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of September, 2009 J U D G M E N T The petitioner's service was ordered to be terminated by the Government as per Ext.P2. The petitioner was working as Associate Professor of Medicine in Medical College Hospital, Thiruvananthapuram and, after submitting application for leave without allowance for three years from 11/07/2007, he left India on the bona fide belief that leave would be granted. The period thereto will expire only on 10/07/2010. It is the case of the petitioner that before Ext.P2 order was passed he was not heard and no notice was served on him also, and since he was abroad he could not come across the show cause notice said to have been published in the leading dailies. 2. The petitioner has filed Ext.P4 representation before the first respondent Government under Rule 35 seeking to review Ext.P2. It is submitted that he had applied for leave without allowance under Appendix XII A K.S.R. It is prayed that Ext.P4 may be directed to be disposed of W.P.(C). No.27436/2009 -:2:- within a time frame. There will be a direction to the first 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