P MUHAMMED MUSTAQUE Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THE unsuccessful petitioner in W.P(C).No.204 of 2011 is the appellant. He is aggrieved by the judgment dated 5th January, 2011 in the abovementioned Writ Petition.

(2.) THE appellant entered the service of the State of Kerala as Assistant Surgeon on 1.10.1996. While the appellant was in service, he secured an employment abroad and therefore, he made an application to the State of Kerala to permit him to go on leave for a period of five years for the abovementioned purpose. Such permission was accorded and the appellant was permitted to accept employment abroad with effect from 13.6.2002 for a period of five years. However, on 12th March, 2007, the appellant made an application for extension of the leave by another five years. His application was not granted. But, the appellant did not rejoin duty on the expiry of the originally sanctioned leave.

(3.) IN the abovementioned background, it appears that the Government of Kerala issued a notice dated 6.2.2010 to those doctors, who did not respond to the notice, Exhibit P4 referred to earlier. A second notice dated 6.2.2010 was also published in "dealing dailies". As the appellant did not even respond to the said notices, by order No.G.O(MS) No.165/10/H&FWD dated 29th April, 2010, the appellant was dismissed from service with effect from 13.6.2007 invoking Article 311(3) of the Constitution of INdia and Rule 18(ii) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. Hence the appeal.