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. 14393 of 1999(L) ---------------------------------- PETITIONER: ------------------- DR. P.K. MARY KUTTY, THADATHILANKAL, MANNANTHALA.P.O., TRIVANDRUM – 15. 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. 14393/1999-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER G.O.RT.NO.2096/85/HD. EXT.P.2: COPY OF THE G.O.(MS).NO.43/88/H&FWD. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY KGMOA. EXT.P.4: COPY OF THE ORDER NO. EB3/76795/97/DHS. EXT.P.5: COPY OF THE ORDER NO. 49199/E3/97/H & FWD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ---------------------------- O.P.No.14393 of 1999 ---------------------------- Dated 28th May, 2010 JUDGMENT The petitioner in this original petition entered service as Assistant Surgeon on 17.8.1981. She was sanctioned leave without allowances for undergoing higher studies as per Ext.P1 Government order dated 11.6.1985 subject to the condition that the period of leave will not count for the purpose of increments. Later, the Kerala Government Medical Officers' Association of which the petitioner is a member moved the Government with a request that the period of leave without allowances availed by persons like the petitioner for the purpose of undergoing higher studies may be reckoned for the purpose of grant of increments. That request was rejected by Ext.P5 letter dated 5.8.1998. This original petition is filed challenging Ext.P5 and seeking a direction to the respondents to treat the period of leave without allowances availed by the petitioner as service qualifying for the grant of increments. 2. The issue involved in this original petition is similar to the one raised in O.P.No.6607 of 1999 which stands dismissed by judgment delivered today. In view of the the said decision, no relief O.P.No.14393/1999 2 can be granted to the petitioner. The original petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS