IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 13169 of 2009(M) --------------------------------------- PETITIONER: ------------------- SUJAYA SANKAR, AGED 45 YEARS, ASSISTANT PROFESSOR, COLLEGE OF NURSING, KOTTAYAM, NOW RESIDING AT 2/12, RAWNSLEY ST., DUTTON PARK, QUEENSLAND 4102, AUSTRALIA. BY ADVS. MR.BIMAL K.NATH, MR.S.JAMAL, MR.E.M.SUNIL KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR, COLLEGE OF NURSING, KOTTAYAM. 4. THE PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GOVT. PLEADER MR. MUHAMOOD T.T, R4 BY MR. ALEXANDER THOMAS, SC, PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13169 OF 2009 --------------------------------------- Dated this the 16th day of October, 2009. J U D G M E N T The petitioner joined as Lecturer under the 3rd respondent on 05.06.1989. The petitioner, after getting an opportunity for work and higher studies in Australia, applied for Leave Without Allowance as per Exhibit P1. Anticipating sanction of leave, the petitioner left India and joined for the course in Australia. Presently, she is there along with her family. The petitioner was served with a show cause notice proposing to take action against her. The petitioner submitted Exhibits P3 to P5 representations seeking various reliefs. 2. The main prayer in the writ petition is for a direction to the respondents to pass appropriate orders on Exhibit P1 leave application and keep in abeyance the disciplinary proceedings till orders are passed. 3. On getting instructions, learned Government Pleader submitted that already orders have been passed as per G.O.(Ms) W.P.(C) No.13169/2009 2 No.277/2009/H&FWD dated 03.08.2009 removing the petitioner from service. Therefore, it is for the petitioner to seek the remedy of appeal against the said order on receipt of the copy of the same. Learned counsel for the petitioner submitted that the respondents may be directed to serve a copy of the same to the petitioner. Learned Government Pleader submitted that already copy of the order has been forwarded in her address in Australia. Therefore, leaving open the remedy to challenge the same, this writ petition is closed. T.R. RAMACHANDRAN NAIR JUDGE smp