IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 22369 of 2008(K) --------------------------------------- PETITIONER: ------------------- LEENA P.S., STAFF NURSE, TALUK HEAD QUARTERS HOSPITAL, KASARGODE. ( ON LEAVE WITHOUT ALLOWANCE). BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HELATH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KASARGODE. BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON 30/10/2008 DELIVERED THE FOLLOWING: W.P.(C). NO.22369/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER, G.O. DTD. 30/04/2003 ISSUED BY THE GOVERNMENT. EXT.P.2: COPY OF THE ORDER DTD. 20/05/2003 ISSUED BY THE SUPERINTENDENT, TALUK HQ HOSPITAL, KASARAGODE. EXT.P.3: COPY OF THE APPLICATION FOR EXTENSION OF LEAVE DTD. 02/04/2008 SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE ORDER, G.O. DTD. 09/04/2008 ISSUED BY THE GOVT. EXT.P.5: COPY OF THE ORDER DTD. 13/06/2008 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. P.N.Ravindran, J. ===================== W.P(C).No.22369 of 2008 ===================== Dated this the 30th day of October, 2008. JUDGMENT The petitioner entered service as Staff Nurse in the Health Services Department in the year 2003. Before she completed her probation in the category of Staff Nurse, she was granted leave without allowances for a period of five years as per Ext.P1 order dated 30.4.2003. The petitioner availed the leave sanctioned as per Ext.P1, with effect from 21.5.2003. The leave granted as per Ext.P1 expired on 21.5.2008. Even before the expiry of the said period, the petitioner submitted Ext.P3 application seeking extension of the leave granted as per Ext.P1 for a further period of five years. That application was rejected in the light of Ext.P4 Government order dated 9.4.2008. The petitioner has in this Writ Petition challenged Exts.P4 and P5 and prayed for a writ in the nature of mandamus commanding the first respondent to consider Ext.P3 application for leave untrammeled by Ext.P4 Government order and to grant extension of leave to the petitioner. The Government have in Ext.P4 ordered that requests for grant of leave under Appendices XII A, XII B and XII C of the Kerala Service Rules, hereinafter referred to as the “K.S.R.” for short, from Government employees and employees of public sector undertakings appointed through the Kerala Public Service Commission will be considered only after declaration of satisfactory WP(C) 22369/08 -: 2 :- completion of probation in the entry cadre. By Ext.P4, the Government also ordered that necessary modifications to the KS.R. will be issued separately. The petitioner has admittedly not completed her probation in the entry cadre. By Ext.P1, she was granted leave without allowances under Appendix XII A of Part I of the K.S.R. to take up employment abroad. Rule 65 of Part I of the K.S.R. states that leave cannot be claimed as a matter of right. Rule 65 reserves power with the authority empowered to grant leave, the power to refuse the leave applied for or revoke the leave already granted. Ext.P4 discloses that the Government have in public interest taken a policy decision not to grant leave under Appendices XII A, XII B and XII C to persons who have not completed probation in the entry cadre. 2. I have by judgment delivered on 29.10.2008 in W.P.(C)No.16744 of 2008 and connected cases upheld the validity of Ext.P4. As the petitioner has no right to claim grant of leave under Appendix XII A of Part I of the K.S.R, I find no merit in the challenge to Exts.P4 and P5. The Writ Petition fails and is accordingly dismissed. P.N.Ravindran, Judge. ess 6/10