IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 35312 of 2010(L) --------------------------------------- PETITIONER(S): ----------------------- THRESIAMMA MATHEW, D/O.MATHEW, AGED 35, STAFF NURSE, GOVT. GENERAL HOSPITAL, KOZHIKODE, NARITHURUTHIL HOUSE, CHEERANCHIRA P.O., CHANGANASSERY, KOTTAYAM DT. BY ADV. SRI.SRINATH GIRISH, SRI.E.NARAYANAN. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 035. 2. THE DIRECTOR, DIRECTORATE OF HEALTH SERVICES, NEAR SECRETARIAT, THIRUVANANTHAPURAM-695 035. R1 & R2 BY GOVT. PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.35312 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2010 J U D G M E N T The petitioner is a Staff Nurse working in the service of the Health Department of the Government of Kerala. While working at the Government General Hospital, Kozhikode, she availed of leave without allowances to accept employment abroad from 20.06.2009 till 20.09.2010. In the meanwhile, the Government decided to abolish the dual control system of employees of Health Service Department, who have been deputed to the Medical Education Department. Options were invited from the employees as to whether they wish to continue in the Health Department or would like to go to the Medical Education Department. By G.O.(P). No.370/2010 H&FWD dated 19.06.2010, 05.07.2010 was fixed as the last date for submitting such options. The petitioner filed Ext.P5 option on 06.10.2010. The petitioner seeks a direction to the W.P.(C)No.35312 of 2010 -2- 2nd respondent to consider Ext.P4 representation and Ext.P5 option as expeditiously as possible. 2. I have heard the learned Government Pleader also. 3. The petitioner's contention is that, the petitioner could not submit her option within the time limit prescribed, because the petitioner was not in station and she was on leave without allowances for accepting employment abroad. According to the petitioner, because of the same she is entitled to have her option considered even though it was belated. 4. I am of opinion that, the Government cannot fix the last date for submitting options depending on the convenience of individual employees. It is for the employees to ascertain the same and take appropriate action, as and when the government orders are issued on the subject. The fact that the petitioner was on leave without allowances is not relevant for deciding that issue. If the petitioner wanted to opt for Medical Education W.P.(C)No.35312 of 2010 -3- Department, it was for her to ascertain the last date and to submit the option in time. I do not think that, I can direct the Government to consider the petitioner's option which has been admittedly submitted beyond the time limit prescribed for the same. Therefore I do not find any merit in the writ petition and accordingly the same is dismissed. S. SIRI JAGAN JUDGE shg/