IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 OP.No. 5122 of 2002(I) ------------------------------- PETITIONER: ------------------ DR. K.R. NANDAKUMAR, AGED 47 YEARS, S/O. RAVEENDRANATHAN NAIR, MEDICAL OFFICER (HOMEO), GOVT. HOMEO DISPENSARY, CHOTTANIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.P.N.GOPALAKRISHNAN NAIR SRI.K.B.SURESH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HOMEOPATHY, DIRECTORATE OF HOMEOPATHY, EAST FORT, TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER (HOMEOPATHY), OFFICE OF THE DISTRICT MEDICAL OFFICER, BUS STAND BUILDING, KALOOR, KOCHI - 17. BY GOVERNMENT PLEADER SRI.S.DILEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.5122/2002 ORDER ON CMP. NO.9122/2002 IN OP. NO.5122/2002 DISMISSED 19.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE COMPLAINT TO THE 2ND RESPONDENT, BY THE PETITIONER, DT. 8.3.2000. EXT.P2:- COPY OF THE RESOLUTION OF MANEED GRAMA PANCHAYATH COMMITTEE, DT. 8.3.2000. EXT.P3:- COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT, BY THE PETITIONER DT. 10.3.2000. EXT.P4:- COPY OF THE JUDGMENT IN OP. NO.17790/2000 DT. 27.6.2000 OF THIS HONOURABLE COURT. EXT.P5:- COPY OF THE PROCEEDINGS NO.E1/728/2000/DME, DT. 14.9.2000 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT. ET.P6:- COPY OF THE REPRESENTATION TO THE IST RESPONDENT, BY THE PETITIONERDT. 28.12.2000. /TRUE COPY/ P.S.TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.5122 of 2002-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008. JUDGMENT The main prayer in the writ petition is for the issuance of a writ of mandamus, etc. compelling the respondents to immediately sanction the special disability leave of the petitioner and release the arrears of salary and other benefits legally due to him. The petitioner was the Medical Officer of Government Homoeo Dispensary, Maneed. As per Ext.P6 representation, he has sought for sanction of special disability leave for the period from 9.3.2000 to 29.8.2000, approve ex-gratia payment for the said period and for fixation of salary. When the said representation was filed, he was working as Medical Officer, Govt. Homoeo Dispensary, Chottanikkara. 2. Learned Govt. Pleader on instructions, submits that the petitioner's application for special disability leave and the request for granting ex-gratia payment are under active consideration of the Government. The same is recorded. 3. In the light of the above, there will be a direction to the Government to take a decision on Ext.P6 within a period of three months 5122/2002 -2- from the date of receipt of a copy of this judgment, if a final decision has not been taken already. The original petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/ 5122/2002 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.5122 of 2002-I - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 19th March, 2008.