IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16931 of 2011(N) -------------------------- PETITIONER(S): --------------- DR.JEENA N.K., MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY, KURUVA, MALAPPURAM-676001. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF HOMEOPATHY, THIRUVANANTHAPURAM-695001. 3. DISTRICT MEDICAL OFFICER (HOMEO), MALAPPURAM-676001. GOVT. PLEADER SHRI.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 16931/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.21.7.04. P2. COPY OF THE CERTIFICATE DTD.23.5.05. P3. COPY OF THE ADVICE MEMO DTD.28.5.04. P4. COPY OF THE APPOINTMENT ORDER DTDE.28.6.04. P5. COPY OF THE ORDER DTD.26.7.03. P6. COPY OF THE ORDER DTD.25.2.04. P7. COPY OF THE ORDER DTD.23.8.04. P8. COPY OF THE ORDER DTD.18.4.05. P9. COPY OF THE ORDER DTD.28.5.05. P10. COPY OF THE ORDER DTD.15.6.2006. P11. COPY OF THE ORDER DTD.31.10.08. P12. COPY OF THE ORDER DTD.28.6.05. P13. COPY OF THE PETITION DTD.30.5.2011. P14. COPY OF THE ORDER DTD.10.5.2011. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 16931 of 2011 ================== Dated this the 23rd day of June, 2011 J U D G M E N T The petitioner entered service on 8.7.2004 in the Department of Health and Family Welfare of the Government of Kerala. She availed of leave for a period of 251 days from 27.7.2004 to 3.4.2005. She also availed of leave for 44 days for the period from 3.4.2005 to 28.5.2005. She applied for leave under Rule 88(ii) of Part I KSR. But it was not allowed under that rule. As per the order granting leave, the leave would not be counted for the purpose of seniority, grade, increments etc, since it was granted under Appendix XIIB of Part I KSR. In the above circumstances, the said leave is not being counted for the purpose of seniority, grade, increments etc, is the grievance of the petitioner in this writ petition. The petitioner, therefore, seeks the following reliefs: “i) To declare that the petitioner is entitled to seniority in service reckoning the period of Leave Without Allowance for the period from 27.7.2004 to 3.4.2005 and from 3.4.2005 to 28.5.2005 and consequential benefits like higher grade, increments w.e.f. 8.7.2004; ii) To issue a writ of mandamus directing the 1st respondent to assign/restore original seniority to the petitioner by reckoning the period of Leave Without Allowance availed by her and by granting consequential benefits like higher grade increments w.e.f. 8.7.2004; iii) To issue a writ of mandamus directing the 1st respondent to consider Ext.P13 representation in the light of Ext.P14, within a time frame fixed by the Court.” 2. I have heard the learned Government Pleader also. 3. The petitioner herself admits that the leave was granted under Appendix XIIB of Part I KSR and, therefore, she is not entitled to w.p.c.16931/11 2 count the leave period for the benefits prayed for by the petitioner. The petitioner has not challenged the order granting leave, which was years ago. Without challenging that order at the appropriate time, the petitioner cannot seek the reliefs prayed for in this writ petition. In the above circumstances, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge