IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 19522 of 2011(M) -------------------------- PETITIONER(S): ---------------------- PRABHASANKAR, ASST.EXECUTIVE ENGINEER, (ON LEAVE) KERALA WATER RESOURCES DEPARTMENT, S/O.A.NARAYANAN, PARARATH HOUSE,VIYYOOR PO, THRISSUR DISTRICT. BY ADVS. SRI.T.A.SHAJI SMT.MALU JOHN SMT.NAMITHA JYOTHISH RESPONDENT(S): ------------------------ 1. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES (A ) DEPARTMENT, THIRUVANANTHAPURAM. 695001. 2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION (IRRIGATION DEPARTMENT) THIRUVANANTHAPURAM 695 001.. 3. STATE OF KERALA,REP.BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM 695 001.. BY GOVERNMENT OLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19522 of 2011(M) ------------------------------------ APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE COMMUNICATIN DATED 14.8.2008 OF THE 2ND RESPONDENT EXT.P2. COPY OF THE REQUEST DATED 31.01.2011 MADE TO THE 1ST RESPONDENT. RESPNDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.19522 of 2011 ---------------------------------------- Dated 3rd August, 2011 JUDGMENT The petitioner who commenced his career under the Water Resources Department on 24.6.1986 as Assistant Engineer got promotion as Assistant Executive Engineer on 29.4.1997. While working so, he applied for leave without allowances for a period of three years in the year 2008. He entered on leave on the bonafide belief that it was granted. In fact, the leave was not sanctioned. On expiry of the period of leave applied he made a request to permit him to rejoin duty as per Ext.P2 dated 31.1.2011. The grievance of the petitioner is that despite the receipt of Ext.P2 no action has been taken to allow him to rejoin duty as Assistant Executive Engineer. It is in the said circumstances that this writ petition has been filed. Evidently, the leave without allowances sought for was not granted. At the same time, the petitioner went on leave and thereafter on the expiry of the leave sought for he submitted Ext.P2. According to the petitioner, no disciplinary action was taken against him in the meanwhile and no order was also passed placing him under suspension. In the said circumstances, the respondents are bound to consider Ext.P2 and to give permission to rejoin duty, it is contended. In view of the said WP(C).No.19522/2011 2 specific contentions of the petitioner, without making any observation as to the merits of the contentions raised by the petitioner this writ petition is disposed of with a direction to the first respondent to consider Ext.P2 and pass appropriate orders thereon expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS