IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 30798 of 2007(N) -------------------------- PETITIONER: ------------ K.CHANDRASEKHARAN, S/O M.P.KUNHIKRISHNAN VARIYAR, AGED 36 YEARS, IYYAMKODE AMSOM, VISHNUMANGALM DESOM, POST VISHNUMANGALAM, VIA. KALLACHI, VADAKARA TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: ------------- 1. SECRETARY TO GOVT. ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECOR, ANIMAL HUSBANDRY DEPARTMENT ,VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. STATE OF KERAL - WITH ADDRESS FOR SERVICE SECRETARY, ANIMAL HUSBANDRY DEPARTMENT SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30798 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January,2008 JUDGMENT In Ext.P3 leave application the petitioner applied for leave in the following manner:- Earned leave : 110 days from 27-11-03 to 15-1-04 Half pay leave: 131 days from 16-3-04 to 24-7-04 Study leave : 2 years from25-7-04 to 24-7-06 Leave without : 2 years from 25-7-06 to 24-7-08. allowance. By Ext.P10 the petitioner's application was rejected, which has been challenged in this writ petition. 2. In the statement filed on behalf of the 1st respondent it is stated that “as per Rule 4, Appendix VI in no case shall the grant of study leave in combination with other kinds of leave except leave without allowance involve a total absence of more than 28 months from the regular duties of the government servant”. In the present case the petitioner sought leave under Ext.P2 in excess of 28 months. Nevertheless the learned counsel for the petitioner submits PC 30798/07 2 that the petitioner may be granted leave for maximum period of 28 months and the balance period, for which he have sought for leave, may be treated as leave without allowances. The learned Government Pleader submits that this will entail an amendment of the application. 3. Having perused Ext.P10, I am of the view that the reasons stated therein are not correct. A statutory amendment brought by Ext.R1 (a) with effect from 19-2-2007 cannot be applied to the case of Ext.P3, submitted on 13-12-2003. 4. In the circumstances, Ext.P10 is set aside and the 2nd respondent is directed to re-consider Ext.P3 in the light of the observations made above. The petitioner shall be permitted to amend the application and the 2nd respondent shall take a fresh decision in the matter considering the petitioner's eligibility for study leave with regard to the situation prevailing as on the date of Ext.P3. The above orders shall be passed within a period of three months after hearing the petitioner, from the date of receipt of copy of this judgment. The writ petition is disposed of as above. V. GIRI, JUDGE. mn.