IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 34664 of 2009(C) -------------------------- PETITIONER(S): --------------- T.ALI,S/O.T.ABDULLA(LATE), COACH IN BASKETBALL(ON LEAVE),UNIVERSITY OF KERALA THIRUVANANTHAPURAM,REP. BY HIS POWER OF ATTORNEY HOLDER T.SAIDALAVI,S/O.T.ABDULLA(LATE),62 YEARS, RESIDING AT 'BLESSINGS',22ND MILES,MANJERI, PIN-676 121,MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REP. BY ITS REGISTRAR. 2. THE REGISTRAR, THE UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. ADV. SRI. RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 34664/2009 --------------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 11-3-1986. EXT.P2 LEAVE SANCTION ORDER DT. 18-8-1999 EXT.P3 ORDER DT. 18-7-2000. EXT.P4 ORDER DT. 16-8-2003. EXT.P5 ORDER DT. 29-8-2006. EXT.P6 LETTER DT. 25-7-2007. EXT.P7 LEAVE APPLICATION AND REPRESENTATION DT. 18-7-2009. EXT.P8 ORDER DT. 1-10-2009. EXT.P9 GOVT. ORDER DT. 5-2-1996. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 34664 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of March, 2010. J U D G M E N T The petitioner is a basket ball coach in the Department of Physical Education under the University of Kerala from 1986. He availed of leave without allowance for taking up employment abroad with effect from 16-8-1999. The same was granted. Subsequently, the leave was extended up to 15-8-2009. The petitioner submitted Ext. P7 application for further extension of leave. The same was rejected by Ext. P8 order of the University on the ground that the Syndicate of the University has, in its meeting held on 26-5-2007, taken a policy decision, resolving to permit the employees who have been granted leave without allowance to continue on leave till the expiry of the sanctioned period of leave and not to grant them extension of leave without allowance. In view of the said policy decision, I was not inclined to interfere with Ext. P8 order. Therefore, I passed an order on 6-1-2010 as follows: “When the Court opined that, going by Ext. P8 it is the policy decision of the University not to extend leave without allowances, the petitioner seeks time to produce documents to show that even after that policy decision, leave without allowances has been extended in respect of other employees.” The petitioner has not been able to satisfy me that any other employee has been given extension of leave after the decision of the Syndicate of the University on 25-5-2007. In the above circumstances, I am inclined to dismiss the writ petition. 2. Learned counsel for the petitioner submits that the petitioner is prepared to rejoin duty and seek voluntary retirement from service. It is for the petitioner to approach the University for such relief, if it is allowable, in respect of which I am not expressing any opinion. W.P.C. No. 34664/2009. -: 2 :- In the above circumstances, the writ petition is dismissed. However, dismissal of this writ petition would not stand in the way of the petitioner approaching University for rejoining duty and seeking voluntary retirement, if the same is permissible under law. Sd/- S. Siri Jagan, Judge. Tds/