IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 24994 of 2005(A) -------------------------- PETITIONER: --------------- K.MURALIDHAR SHETTY, ASST. PHARMACIST, AGED 35 YEARS, S/O.K.SOMANATHA SHETTY, GUDDE TEMPLE ROAD, POST KUDLU, KASARAGOD, PIN-671124, NOW AT POST BOX-682, POSTAL CODE 117, WADI KABIR, SULTANATE OF OMWN. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (E) DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.24994/05 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF ORDER OF APPOINTMENT OF THE PETITIONER ISSUED BY IBN SINA PHARMACY LLC, SULTHANATE OF OMAN. EXT.P2. COPY OF THE ORDER OF APPOINTMENT NO.A3-2373/95/DMO/H OF THE MEDICAL OFFICER KANHANGAD. EXT.P3. COPY OF GRANTING LEAVE FOR 5 YEARS TO THE PETITIONER BY H&FWD. EXT.P4. P4(1) TO P4(7). COPY OF APPLICATION WITH ENCLOSURE FOR EXTENSION OF LEAVE MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5. COPY OF ORDER OF R2 NO.28083/H1/05/H&FWD REJECTING APPLICATION FOR EXTENSION OF LEAVE. EXT.P6. COPY OF G.O.(Rt)No.2190/03/H&FWD. EXT.P7. COPY OF SELECTION LIST PUBLISHED BY KERALA PUBLIC SERVICE COMMISSION FOR THE POST OF PHARMACIST. EXT.P8. COPY OF G.O(Rt)No.759/04 GRANTING OF EXTENSION OF LEAVE TO P.V.PRADEEP KUMAR, PHARMACIST. EXT.P9. COPY OF G.O(P)No.6/89/P & ARD RELATING TO GRANTING OF LEAVE SEEKING EMPLOYMENT ABROAD REGARDING. EXT.P9(1). COPY OF THE GOVT. ORDER G.O(Rt)No.2953/2003/H&FWD. EXT.P10. COPY OF THE LETTER OF THE DIRECTOR OF HEALTH SERVICES TO SECRETARY TO GOVT. HEALTH & FAMILY WELFARE (E) DEPARTMENT. EXT.P11. COPY OF THE GOVT. ORDER G.O.(Rt) 238/2004/H&FWD /TRUE COPY/ PA TO JUDGE ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 24994 OF 2005 -------------------------- Dated this the 27th day of July, 2010 J U D G M E N T The petitioner is a Pharmacist in the Health Service Department. He had availed Leave Without Allowances for securing employment abroad. He applied for extension of leave vide Ext.P4 application dated 31.3.2005. It was rejected by Ext.P5 order stating that as per the conditions in Ext.P6 Government order, petitioner was not eligible for extension of Leave Without Allowances as he belonged to a scarce category in the Health Service Department. It is challenging the said order, the writ petition is filed. 2. The contention of the respondents is that as per Ext.P6 Government order, Government had declared the paramedical staff in Health Services as a scarce category on account of acute shortage of paramedical staff because of availing Leave without Allowances. It is stated in the light of Ext.P6, extension of Leave Without Allowances could not be granted and therefore the request was rejected. 3. Admittedly, none has any right to demand that Leave Without Allowances should be granted or extended. In this case WPC No.24994/05 2 from Ext.P6 it is evident that the petitioner belonged to a category which was scarce. Therefore, on account of the scarcity of man- power, when the Government have decided not to entertain the request for extension of Leave Without Allowances, this Court will not be justified in interfering with such a decision. The writ petition fails and it is accordingly dismissed. ANTONY DOMINIC (JUDGE) vps WPC No.24994/05 3 WPC No.24994/05 4