IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 37861 of 2009(C) PETITIONER(S): --------------- G.MONY, JUNIOR ENGINEER (QS & C), MILITARY ENGINEERING SERVICE, COMMANDER, WORKS ENGINEERS (AIR FORCE), HQ, SAC, IAF COMPLEX, THURUVICKAL (P.O.), AKKULAM, TRIVANDRUM-695 031. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.RAJAN VELLOTH SRI.A.S.SABU RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL AND TRAINING, GOVERNMENT OF INDIA, NEW DELHI. 3. THE ENGINEER-IN-CHIEF, ARMY HEAD QUARTERS, KASHMIR HOUSE, DHQ (P.O.), NEW DELHI. 4. THE CHIEF ENGINEER, DAKSHIN KAMAN MUKHYALAYA, HEADQUARTERS, SOUTHERN COMMAND, ENGINEERS BRANCH, PUNE-411 001. 5. THE GARRISON ENGINEER, O/O.GE (P) B/R NO.1, EZHIMALA, ETTIKULAM POST, KANNUR DISTRICT. 6. THE CHIEF ENGINEER, COMMANDER WORKS ENGINEERS (AIR FORCE), HQ,SAC, IAF COMPLEX, THURUVICKAL (P.O.), AKKULAM, TRIVANDRUM-695 031. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the letter dated 13.10.2003. Ext.P2: True copy of the certificate dated 13.10.2003. Ext.P3: True copy of the application for study leave dated 01.12.2003 along with the bond executed by the petitioner. Ext.P4: True copy of the letter dated 01.12.2003 along with the certificates. Ext.P5: True copy of the letter dated 08.12.2003. Ext.P6: True copy of the letter dated 18.12.2003. Ext.P7: True copy of the representation dated 16.03.2004. Ext.P8: True copy of the representation dated 24.06.2004. Ext.P9: True copy of the representation dated 09.09.2004. Ext.P10: True copy of the letter dated 09.09.2004. Ext.P11: True copy of the letter dated 15.03.2005. Ext.P12: True copy of the review application dated 28.03.2005. Ext.P13: True copy of the review application dated 10.06.2005. Ext.P14: True copy of the review application dated 22.07.2005. Ext.P15: True copy of the review application dated 09.08.2005. Ext.P16: True copy of the letter dated 14.10.2005. Ext.P17: True copy of the letter dated 18.11.2005. Ext.P18: True copy of the application dated 21.06.2006. Ext.P19: True copy of the letter dated 11.09.2006. Ext.P20: True copy of the representation dated 09.11.2006. Ext.P21: True copy of the certificate dated 31.07.2009. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 37861 OF 2009 -------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT The petitioner is a Junior Engineer (QS & C) in the Military Engineering Service. Earlier, he had submitted an application for study leave for a period of 18 months from 1.12.2003. It was applied for the purpose of undergoing M.S Course(Building Technology and Construction Management) for which he was duly recommended by the fifth respondent as per Ext.P1 and he was granted Ext.P2 sponsorship certificate. After completing the studies he reported for duty on 19.7.2005. The application for granting study leave was considered and reconsidered on requests at various levels. However, all the authorities have rejected the request of the petitioner. The petitioner is still pursuing the matter before the Engineer- in-Chief as is evident from Ext.P20 dated 09.11.2006. Earlier, the petitioner was compelled to avail earned leave for the purpose of joining the course. The grievance of the petitioner is that even thereafter, the period spent for study was not regularized. It is the contention of the petitioner that the period has to be regularized under Rule 32.2.(e) of the C.C.S Leave Rules. It is for redressing the aforesaid grievance that he has submitted Ext.P20 representation before the Engineer-in-Chief, the third respondent. W.P.(C) NO.37861 of 2009 2 2. The grievance of the petitioner is that the respondents are bound to regularize the period starting from 1.12.2003 to 19.7.2005 either by granting study leave or by granting EOL allowable as per Leave Rule 32.2(e). Despite the receipt of Ext.P20 representation, no action has so far been taken by the respondents. Non-consideration and non- regularisation would entail not only loss of seniority but also break in service and therefore, the respondents are bound to look into this aspect and pass orders on Ext.P20 representation expeditiously, it is contended. 3. The third respondent is competent to consider the grievances and requests made as per Ext.P20 Therefore, he is bound to consider the same and pass orders thereon in accordance with law. At any rate, there cannot be any justification for the third respondent for disusing the power vested in him. Considering the consequences of non-consideration as apprehended by the petitioner it will only appropriate that Ext.P20 be considered expeditiously. There shall be a direction to the third respondent before whom Ext.P20 is pending, to consider and pass orders thereon as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.37861 of 2009 3 C.T. RAVIKUMAR, J. W.P.(C). NO.37861/2009 JUDGMENT 11th February, 2010 W.P.(C) NO.37861 of 2009 4