IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 29834 of 2010(D) ---------------------------------- PETITIONER(S): ------------------- SABU.T.P., ASSISTANT ENGINEER (ELECTRICAL), KSE BOARD, RELAY SUB DIVISION, MOOLAMATTOM, SYSTEM OPERATION CIRCLE, KALAMASSERY, ERNAKULAM. BY ADVS. SRI.N.SUGATHAN SRI.BIJU BALAKRISHNAN SMT.VARSHA BHASKAR RESPONDENT(S): --------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 2. THE CHIEF ENGINEER (HRM), KSE BOARD, VYDHYUTHI BHAVAN,PATTOM, THIRUVANANTHAPURAM-4. 3. THE DEPUTY CHIEF ENGINEER, SYSTEM OPERATION CIRCLE, HMT COLONY PO, KALAMASSERY, ERNAKULAM-683503. R1-3 BY ADVS. SRI. ASOK M.CHERIYAN, SC, KSEB SRI.K.S.ANIL, SC, KSEB SRI.PULIKOOL ABUBACKER, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29834/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.EB.1(a)AE(Ele)/LWA/317 DATED 07/06/2007 ISSUED BY 2ND RESPONDENT. P2: COPY OF PETITION DATED 21/06/2010 WITH COPIES OF ENCLOSURES SUBMITTED BY PETITIONER. P3: COPY OF SHOW CAUSE NOTICE DATED 27/07/2010 ISSUED BY THE 3RD RESPONDENT. P4: COPY OF EXPLANATION DATED 10/08/2010 SUBMITTED BY PETITIONER. P5: COPY OF LETTER DATED 07/08/2010 OF THE 3RD RESPONDENT. P6: COPY OF B.O(FB)NO.1693/2007(Estt.1/5050/2007)DTD.21/07/2007. P7: COPY OF REPRESENTATION DATED 01/09/2010 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P8: COPY OF LETTER DATED 04/09/2010 OF 3RD RESPONDENT TO PETITIONER. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE RELEVANT EXTRACT B.O. DATED 15/09/2009. R1(b):COPY OF THE B.O. DATED 29/10/2008 R1(c):COPY OF THE JUDGMENT DATED 18/09/2007 IN WPC.NO.26729/2007. R1(d):COPY OF THE ORDER OF THE KSE BOARD DATED 21/07/2007. /TRUE COPY/ P.A. TO JUDGE. svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 29834 OF 2010 -------------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT The petitioner who is working as an Assistant Engineer (Electrical) under the Kerala State Electricity Board (for short 'the Board') filed this Writ Petition mainly seeking issuance of a writ of mandamus commanding the second respondent to consider Ext.P2 application and sanction extension of Leave Without Allowances (for short 'LWA') for a period of one year from 5.7.2010 to 4.7.2011. Evidently, the period for which extension of LWA was sought for had passed. In fact, it was prior to the expiry of LWA granted as per Ext.P1 that the petitioner has submitted Ext.P2 application for extension for a period of one year from 5.7.2010 to 4.7.2011. When such an application is submitted before the competent authority that authority is legally bound to consider and pass orders on the said application. When an authority is clothed with the power to take a decision on a matter, the said authority cannot disuse that power. At any rate, there is absolutely no justification for the second respondent to refrain from considering Ext.P2 application submitted by the petitioner and, in fact, he is bound to consider the same and pass appropriate orders thereon, W.P.(C) NO.29834/2010 2 in accordance with law. 2. A counter affidavit, additional counter affidavit, a statement by the Senior standing counsel and an affidavit by the Secretary of the Board were filed in this Writ Petition on behalf of the Board. Evidently, the stand of the Board is that the petitioner is not entitled to get extension of LWA based on Ext.P6 order dated 21.7.2007. Earlier, this Court passed an order on 23.11.2010 directing to file an affidavit stating as to why after taking a policy decision not to extend LWA beyond five years power is given to full time members to relax that policy to give extension of leave in individual cases. Thereafter, the learned senior standing counsel filed a statement showing the details with regard to the extension of LWA granted to the employees of the Board after the issuance of Ext.P6 dated 21.7.2007. When it is revealed that such extension was given on 54 occasions, this Court directed the Secretary of the Board to file an affidavit as to why after taking a policy decision not to extend LWA beyond five years power is given to full time members to relax that policy to give extension in individual cases, as per order dated 28.11.2010. The respondents have explained the circumstances under which extension of LWA was granted on 54 occasions. Since the concerned beneficiaries of the orders of extension are not before this Court I do not propose to make any W.P.(C) NO.29834/2010 3 observation with respect to the said orders. However, I have no hesitation to say that when a policy decision is taken not to extend LWA beyond five years for the better interests of the Board, it may not be in the interest of the administration to grant extension for the mere asking without addressing the question whether granting of extension would be against the interest of the administration. It is only appropriate for the Board to take the matter with all seriousness it deserves, in future. Now, in this case, the petitioner contends that there is no reason to arbitrarily discriminate him in the matter of granting of extension of LWA in view of the above mentioned circumstances. As already noticed hereinbefore, the period for which extension of LWA sought for had passed. However, no decision was so far been taken in the matter. In the said circumstances, this Writ Petition is disposed of with a direction to the second respondent to consider Ext.P2 application submitted by the petitioner for extension of leave without allowances for a period of one year from 5.7.2010 to 4.7.2011, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. While considering he said application, the respondents shall look into Annexure- I produced along with the statement dated 9.3.2011 and also the fact that the period had already passed by. Till a decision is taken on Ext.P2 in terms of the W.P.(C) NO.29834/2010 4 directions in this judgment, no further proceedings pursuant to Ext.P3 shall be taken. It is made clear that this Court has not made any observation with respect to the entitlement or otherwise of the petitioner for extension of LWA for the aforesaid period. Sd/- (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.29834/2010 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010