IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 5002 of 2009(U) ------------------------- PETITIONER(S): --------------- 1. DR. N. PRASANNAKUMAR, AGED 56 YEARS, S/O. LATE T.M. NANOO, CHAITHARAM, KAVANAD P.O., RAMANKULANGARA, KOLLAM TALUK, SAKTHIKULANGARA VILLAGE, KOLLAM -3. 2. DR. S.RADHAKRISHNAN, S/O. O.N. SREEDHARA KURUP, AGED 57 YEARS, ARPANAM, 15, VRINDAVAN GARDENS, THIRUMULLAVARAM P.O., KOLLAM VILLAGE, KOLLAM TALUK, KOLLAM -12. BY ADV. SRI.K.N.CHANDRABABU SRI.T.G.KALADHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E), O/O. THE ACCOUNTANT GENERAL THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.5002 of 2009 --------------------------------------------------- Dated this the 16th day of February, 2009 JUDGMENT The petitioners are seeking for a declaration that they are entitled to get the second time bound higher grade while treating leave without allowance availed by them for study purpose as qualifying service as per Rule 91A Part I of Kerala Service Rules and Exts.P8, P9 and P10. Seeking for a direction to the respondents to consider and pass orders on Exts.P7, P11,P12, P13, P15, P19 and P20 and P21, this writ petition is filed. 2. The petitioners are Doctors by profession. The 1st petitioner retired from service on 31.5.2007 as a Civil Surgeon and District Leprosy Project Officer from District Medical Office, Kollam and the second petitioner retired from service on 30.11.2006. As per Ext.P11, the request of the first petitioner for leave for study purpose was sanctioned. This is sanctioned as per Rule 91 A Part I of KSRs. Subsequently, he obtained the qualification of diploma in Opthalmology. It is evidenced by Exts.P2 and P3. The petitioner was sanctioned first higher grade on completion of 10 years of qualifying service. It is evidenced by Ext.P4. It is submitted that the wpc: 5002 of 2009 respondent treated the period of leave availed by him for study purpose from 15.1.1986 to 8.2.1988 as qualifying service. The second time bound higher grade was sanctioned to him for completion of 18 years qualifying service as per Ext.P5. But it was stated by the Senior Accounts Officer that the period from 15.1.1986 to 16.10.1987 will not count for increment. This is evidenced by Ext.P6. The petitioner aggrieved by the same filed a representation before the Accountant General. Since no action was taken in the matter, he has filed a representation before the first respondent to reckon the leave without allowance for the period from 15.1.1986 to 16.10.1987 to grant the time bound higher grade. Exts. P8 and P9 orders are relied upon in support of the above claim. The petitioners are also relying upon a decision of a Division Bench of this Court in W.A.No.1978/2006 (Ext.P10). The first petitioner filed Exts.P11 and P12 representations seeking for an appropriate action in the matter. 3. Seeking for the same reliefs the second petitioner has filed Ext.21 before the first respondent. Therefore, the writ petition is disposed of directing the first respondent to consider and pass orders on Exts.P7, P11, P12, P13, P15, P19, P20 and P21 within a period of two months from the date of receipt of a copy of this wpc: 5002 of 2009 judgment. The petitioners will produce a copy of the writ petition along with a copy of this judgment before the first respondent. While considering the issue the dictum laid down in Ext.P10 judgment will also be considered by the first respondent. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps