IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 OP.No. 14391 of 1999(L) ----------------------------------- PETITIONER(S): ------------------------ 1. DR.P. SREEDEVI, TC X/910, SREE SAILAM, MANNAMMOOLA, PEROORKADA P.O., TRIVANDRUM-695 005. 2. DR.SREE REKHA PANICKER, ASSISTANT SURGEON, GOVT. HOSPITAL, PEROORKADA. BY ADV. SRI.R. KRISHNA RAJ. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, KERALA GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR.P.M. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 14391/1999-L ORDER ON C.M.P. NO.23266/1999 IN O.P. NO. 14391/1999 DISMISSED 31/05/2010. SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER GO.RT.NO.675/91/H&FWD EXT.P2: COPY OF THE ORDER G.O.RT.2590/91. H& FWD. EXT.P3: COPY OF THE ORDER G.O.(MS)NO.43/88/H&FWD. EXT.P4: COPY OF THE REPRESENTATION OF MEDICAL ASSOCIATION. EXT.P5: COPY OF THE LETTER FROM DIRECTOR OF HEALTH SERVICES. EXT.P6: COPY OF THE LETTER FROM SECRETARY TO GOVERNMENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.14391 of 1999 ----------------------------------------- Dated this the 31st day of May, 2010 JUDGMENT The petitioners in this original petition entered service as Assistant Surgeon. They were sanctioned leave without allowances for undergoing higher studies 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 petitioners are members, moved the Government with a request that the period of leave without allowances availed by persons like the petitioners for the purpose of undergoing higher studies may be reckoned for the purpose of grant of increments. That request was rejected by Ext.P6 letter dated 5.8.1998. This original petition is filed challenging Ext.P6 and seeking a direction to the respondents to treat the period of leave without allowances availed by the petitioners 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 on 28-5-2010. In view of the the said decision, no relief can be granted to the petitioners. The original petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.14391 of 1999 ---------------------------- JUDGMENT 31st May, 2010