IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 28281 of 2004(P) ---------------------- PETITIONER : --------------------- K.I. MURALIDHARAN, S/O. K.R. ITTIADHI, AGED 54, HEALTH INSPECTOR GRADE II, RESIDING AT "KAVITHAA", AMALANAGAR P.O., THRISSUR-680 053. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM. 3. THRISSUR CORPORATION, THRISSUR, REP. BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER SRI. T.T. MUHAMOOD R3 BY ADVS. SRI. K.P. VIJAYAN, SC, THRISSUR CORPORATION SRI. K.B.MOHANDAS, SC, THRISSUR CORPORATION SRI. LELLULAL T.G.THUNDATHIL SRI. K.A.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28281 of 2004(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GO(RT) NO. 4263/94/LSGD DATED 22.9.94 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE REQUEST DATED 13.7.04 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 : COPY OF THE REQUEST DATED 15.9.04 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH COPY TO 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3(a) : COPY OF THE LETTER DTD. 23.9.2004 SENT BY THE CORPORATION TO THE 2ND RESPONDENT. EXT.R3(b) : COPY OF THE LETTER DTD 23.9.2004 ISSUED BY THE CORPORATION TO THE PETITIONER. //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28281/2004-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of February, 2011 J U D G M E N T The petitioner approached this Court seeking for a direction to the respondents to consider the request contained in Exts.P2 and P3 and permit the petitioner to rejoin duty and retire on superannuation on 30/09/2004. 2. According to the petitioner, he was sanctioned Leave Without Allowance by the first respondent as per Ext.P1 order for a period of 2 years. Later, the leave was extended by the first respondent by three years from 16/12/1996 to 15/12/1999 and, thereafter, for another five years from 16/12/1999 to 15/09/2004 in view of his retirement on 30/09/2004. For cancelling his leave, it is stated that he filed a representation as per Ext.P2 and finally since no action was being taken, he filed another representation as per Ext.P3. 3. This Court had passed an interim order on 28/09/2004 allowing the petitioner to rejoin duty in case he has been continuing on leave without allowances sanctioned by the first respondent upto 15/09/2004. W.P.(C). No.28281/2004 -:2:- Learned counsel for the petitioner submitted that he was not allowed to rejoin duty. 4. Going by the counter affidavit filed by the third respondent-Corporation, the averments in the writ petition that his leave was extended by the first respondent for a period of three years from 16/12/1996 to 15/12/1999 and, thereafter, for another five years from 16/12/1999 to 15/09/2004 in view of his retirement on 30/09/2004 are denied by the Corporation. It is stated that the petitioner has not produced any Government Order to substantiate his contention. In that view of the matter, the writ petition is dismissed. If the petitioner has any other grievances, it is for him to approach appropriate forum. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE