IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 W.P(C).No. 30993 of 2008(M) ---------------------------------- PETITIONER: -------------- SHEILA VELAYUDHAN, AGED 63 YEARS, WIFE OF DR.VELAYUDHAN,RESIDING AT TITLIS, TC 3/855,MUTTADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V. SURESH SRI.G. SUDHEER RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANATHAPURAM. 2. DIRECTORATE OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 30993 OF 2008 (M) ==================== Dated this the 21st day of October, 2008 J U D G M E N T Petitioner was initially appointed as a Tutor in English in the service of the 1st respondent and she entered service on 6/4/68. While so, she availed of leave without allowance from 2/1/73 and continued as such till 2/1/83. Thereafter, she rejoined duty and continued in service. She was promoted as Professor Grade II and subsequently on implementation of UGC scheme, she was granted senior grade by Ext.P10. 2. Petitioner complains that though her juniors have given given selection grade, she was denied the same. She submitted Ext.P9 representation relying on Ext.P11 order of the Apex Court. In the meantime, she also retired from service in 1999. By Ext.P12 judgment of this Court, her representation was directed to be considered. Accordingly, she made Ext.P13 representation, which is rejected by Ext.P14. 3. The submission made by the petitioner is that for determining her eligibility for selection grade, she is entitled to have the period of leave without allowance also considered. This precisely was the claim raised by the petitioner in Ext.P13 representation. That has been dealt with by the Government and rejected by stating that though for seniority purposes, WPC 30993/08 :2 : leave without allowance period is liable to be taken into account, for placement under UGC, the length of qualifying service is what is relevant. It is stated that as she had remained on leave without allowance for the period from 1973 to 1983 that period is not liable to be reckoned. 4. Going through Ext.P14, I am inclined to think that the Government was justified in taking the view. That apart, the petitioner has not been able to show any provision in Ext.P6, the order implementing the UGC scheme, entitling her to have the leave period reckoned for placement under the UGC scheme. If that be so, the writ petition is only to be dismissed and I do so. ANTONY DOMINIC, JUDGE Rp