IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 OP.No. 6607 of 1999(J) -------------------------------- PETITIONERS: --------------------- 1. DR. A.V. SUKUMARAN, ALAMIPPALLY, KANHANGAD – 671 315. 2. K.K. YATHEESAN, NALANDA, MUNICIPAL OFFICE ROAD, KASARAGOD – 671 121. 3. DR. P.V. KELU, NEAR KAILAS THEATRE, KANHANGAD – 671 315. BY ADV. SRI.R.KRISHNA RAJ. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, KERALA GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. P.M. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 6607/1999-J: ORDER ON C.M.P. NO. 11207/1999 IN O.P. 6607/1999-J DISMISSED 28/05/2010. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 21/05/81. EXT.P.2: COPY OF THE ORDER DTD. 23/08/1982. EXT.P.3: COPY OF THE ORDER DTD. 10/11/82. EXT.P.4: COPY OF THE ORDER DTD. 16/03/98. EXT.P.5: COPY OF THE REPRESENTATION DT. 11/08/1997. EXT.P.6: COPY OF THE LETTER DTD. 03/12/1997. EXT.P.7: COPY OF THE ORDER DTD. 05/08/1998. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------------------- O.P.No.6607 of 1999 ---------------------------------------- Dated 28th May, 2010 JUDGMENT The petitioners in this original petition are Civil Surgeons. They entered service on 31.5.1976, 18.7.1979 and 13.12.1979 respectively. They were granted leave without allowances for the purpose of undergoing higher studies by Ext.P1 order dated 21.5.1981, by Ext.P2 order dated 23.8.1982 and by Ext.P3 order dated 10.11.1982 respectively, subject to the specific condition that the period of leave will not count for the purpose of increments. Long thereafter, the Kerala Government Medical Officers' Association moved the Government with a request that Doctors of the Health Services Department who had availed leave without allowances for undergoing higher studies may be given increments reckoning the period of leave also as service. That request was rejected by the Government and the decision communicated to the President of the Kerala Government Medical Officers' Association by Ext.P7 letter dated 5.8.1998. This original petition was thereupon filed challenging Ext.P7 and seeking a direction to the respondents to count the period of leave without allowances granted to the petitioners as service qualifying for the grant of increments. O.P.No.6607/1999 2 2. In Exts.P1 to P3 orders whereby the petitioners were granted leave without allowances way back in 1981-82 it was expressly stipulated that the period of leave will not count for grant of increments. The petitioners did not challenge the same. They availed leave and underwent higher studies and thereafter resumed duty. It was only 16 years thereafter that the association of which they are members moved the Government requesting that the period of leave without allowances granted to Doctors may be reckoned for the purpose of grant of increments. Apart from the fact that the claim of the petitioners is highly belated, the petitioners have not pointed out any provision of the Kerala Service Rules which entitles them to have the period of leave availed for the purpose of undergoing higher studies reckoned for the purpose of grant of increments. In such circumstances, I am of the considered opinion that the reliefs prayed for by the petitioners cannot be granted. The original petition fails and is accordingly dismissed. No costs. P.N.RAVINDRAN Judge TKS