IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WA.No. 2026 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26253/2008 .................... APPELLANT(S): R3-4 ------------------ 1. THE KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT, REPRESENTED BY ITS EXECUTIVE VICE-PRESIDENT, SASTHRABHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE EXECUTIVE VICE-PRESIDENT, KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY & ENVIRONMENT, SASTHRABHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM-04. BY ADV. SRI.P.A.AHAMED, SC, K.S.C.T.E SRI.LIJU.V.STEPHEN RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 --------------------------------------------- 1. DR.C.P.RAJENDRN, SCIENTIST E-II, CENTRE FOR EARTH SCIENCE STUDIES, THIRUVANANTHAPURAM, RESIDING AT TC 33/1273, "VASUDHA", VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM. 2. CENTRE FOR EARTH SCIENCE STUDIES, REPRESENTED BY ITS DIRECTOR, AKKULAM, THIRUVANANTHAPURAM-31. 3. THE DIRECTOR, CENTRE FOR EARTH SCIENCE STUDIES, AKKULAM, THIRUVANANTHAPURAM-31. BY ADVOCATE SRI.M.R.RAJESH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2026 of 2009 ----------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Kurian Joseph,J. This appeal is filed at the instance of respondents 3 and 4 aggrieved by the interim order dated 26-8-2009 in the writ petition. The writ petition was filed aggrieved by the refusal to grant leave without salary for a period of five years to take up the Ramanujam fellowship. It is seen that the appellants were before the Division Bench when leave was granted for one year, in W.A.No.2112/2008. The Division Bench declined to interfere with the order and issues were directed to be decided in the writ petition. Thereafter for a period of one year nothing took place, nobody moved the writ petition for an early hearing. Thus the writ petitioner has availed leave for one year. Thereafter he moved for extension of the leave for one more year. That was granted by the impugned order dated 26-8-2009 and that order is under challenge. The learned counsel for the appellants vehemently contends that the writ petition is not maintainable since the first appellant is only a Society. It is also submitted that in any case leave is not a W.A.No.2026 of 2009 -:2:- matter of right. It is further contended that at any rate petitioner cannot be granted five years of leave since as per the rules he has to get back and serve the Institute for three years. However, it cannot be disputed that there is a provision for leave for two years without allowance. Counsel for the writ petitioner submits that the petitioner will not ask for extension of the leave. How he would work out the Fellowship, in five years or two years, is not the look out of the appellants. After all he is only asking for leave without allowance. We find from the earlier order that similarly situated persons had been granted leave for taking up employment abroad, as pointed out by the learned counsel for the writ petitioner. Be that as it may, now that there is provision for leave without allowance for two years and since the writ petitioner had asked only for one more year's leave and since that alone is granted by the learned single Judge, we do not think that we should advert to the various contentions taken by the appellants. All those contentions are left open. The writ appeal is hence dismissed. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.2026 of 2009 ---------------------------- JUDGMENT 13th October, 2009