IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 25610 of 2011(A) -------------------------- PETITIONER: --------------- V.S.PUSHPADHARAN NAIR, S/O.VENKULAM ACHUTHAN PILLAI, UTHRADOM, KAMBIL, KOLACHERRY-P.O., KUANNUR DISTRICT.(UD CLERK(HIGHER GRADE) DISTRICT SOIL TESTING LABORATORY, KARIMBAM P.O., THALIPARAMBA, KANNUR DISTRICT). BY ADV. MR. S.NARAYANAN NAIR RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695001. 3. THE ASSISTANT DIRECTOR OF AGRICULTURE, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN 695606. 4. THE PRINCIPAL AGRICULTURAL OFFICER, THIRUVANANTHAPURAM-695001. BY GOVERNMENT PLEADER MR. E. M. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(c) 25610 OF 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. COPY OF LETTER DATED 22/02/2007 FROM 3RD TO 4TH RESPONDENT. EXHIBIT-P2. COPY OF LETTER DATED 08/05/2006 FROM 2ND RESPONDENT TO 4TH RESPONDENT. EXHIBIT-P3. COPY OF LETTER NO.E(2)/10936/02 DATED 03/02/2004. EXHIBIT-P4. COPY OF PROCEEDING NO.E(2)/10936/02 DATED 10/03/2004. EXHIBIT-P5. COPY OF PROCEEDING NO.E(2)/10936/02 DATED 02/09/2005. EXHIBIT-P6. COPY OF PROCEEDING NO.E(2)/10936/02 DATED 18/09/2006. EXHIBIT-P7. COPY OF LETTER NO.SA(1)20970/05 DATED 12/05/2006. EXHIBIT-P8. COPY OF GOVERNMENT ORDER NO.1466/2007/AD DATED 07/08/2007. EXHIBIT-P9. REVIEW PETITION DATED 8/07 IN RESPONSE TO P8 ORDER. EXHIBIT-P10 COPY OF LETTER NO.26693/EB3/07/AGRI. DATED 3/11/2009. EXHIBIT-P11 COPY OF GO NO.36/94/FIN.DATED 14/6/1994. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 25610 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 3rd day of November, 2011 JUDGMENT The petitioner, who was working as U.D. Clerk in the Agricultural Department was on leave from 07.12.2002 to 28.01.2005 and leave without allowances was sought for under medical ground. However, the first respondent sanctioned leave without allowances for the period other than on medical grounds under Rule 88 of Part I KSR, on condition, that the leave period will not count for increment, higher grade, accumulation of earned leave or pension, as borne by Ext. P8 order dated 07.08.2011. The said order is under challenge in this Writ Petition. 2. Admittedly, the impugned order i.e. Ext. P8 was passed on 07.08.2007, more than 4 years ago. The petitioner thought it fit to approach this Court only after a long gap of four years. 3. Whether interference has to be made by this Court exercising discretionary jurisdiction under Article 226 is the question to be considered. In view of the law declared by the Apex Court as per the decision reported in Rabindranath Bose Vs. Union of India (AIR 1970 SC 470), the persons who are sitting on an arm chair and taking W.P. (C) No. 25610 of 2011 : 2 : rest without any regard to the rights and liberties are not entitled to have any relief. Interference is declined and the Writ Petition is dismissed. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd