IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 5450 of 2006(W) --------------------------------------- PETITIONER(S): ------------------------ K.S.ANIL KUMAR, LECTURER, SREE AYYAPPA COLLEGE, ERAMALLIKKARA, THIRUVANVANDOOR, CHENGANNUR. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL, SECRETARY, HIGHER EDUCATION (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 4. PRINCIPAL, SREE AYYAPPA COLLEGE, ERAMALLIKKARA, THIRUVANVANDOOR, CHENGANNUR. R1 RO R3 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5450/2006 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.13341/D3/2002/H.EDN PASSED BY THE SECOND RESPONDENT DATED 6/6/2002. P2 COPY OF THE G.O.(RT)NO.1596/2001/H.EDN. ISSUED BY THE GOVERNMENT DATED 15/10/2001. P3 COPY OF THE G.O.(RT)NO.1438/2004/H.EDN. ISSUED BY THE GOVERNMENT DATED 26/10/2004. P4 COPY OF THE ORDER NO.38202/D1/93/H.EDN. ISSUED BY THE SECOND RESPONDENT DATED 18/3/1994. P5 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED NIL. P6 COPY OF THE LETTER NO.D1/22294/2002/CO 11.EDN.SENT BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION ON BEHALF OF THE THIRD RESPONDENT DATED 15/12/2005. P7 COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER DATED NIL. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR, J --------------------------------------------- W.P.(C).NO.5450 OF 2006 ------------------------------------------ Dated this the 7th day of February, 2011. JUDGMENT Petitioner is aggrieved by Ext.P6 communication by which his request to convert the period of leave without allowance, as for study purpose has been rejected. 2. The petitioner is working as a Lecturer in Computer Science in Sree Ayyappa College which is affiliated to the University of Kerala. He was appointed on 1-6-1998 and his appointment was duly approved by the University. At that point of time as per the norms petitioner had to acquire Masters Degree in Engineering. Accordingly, petitioner applied for M.Tech course and he was duly admitted for the said course in the department of Future Studies in the University of Kerala from 1-6-2001 to 2-2-2002. He applied for leave without allowances and by Ext.P1 order and the same was granted. The leave was granted subject to the condition that the leave period will not count for any service benefits including pension. 3. The petitioner has built up a case in Exts.P1,P2,P3 and Ext.P4 by contending that the Government has granted benefits two other similarly placed persons on different conditions. Therefore, he W.P.(C).NO.5450 OF 2006 2 filed a detailed representation as Ext.P5 seeking for modification of the conditions in Ext.P1 order. In the above representation he prayed that his case may be considered sympathetically and the leave sanction order may be revised under Rule 91 or Rule 99 of Part I KSR. 4. The respondents have filed a counter affidavit objecting to the relief sought for by the petitioner. Heard the learned counsel for the petitioner and the learned Government Pleader. The learned counsel for the petitioner pointed out that the study leave could be granted under Rule 91 Part I KSR. It is submitted that greater benefits can be claimed by persons continuing as officiating and temporary service in the sense that they can avail leave under Rule 91 after 2 years of service whereas regular hands will have to wait for 5 years. It is therefore, submitted that actually, the petitioner's application ought to have been considered under Rule 91 as he had completed two years of service. He has also pointed out in the light of a recent circular issued by the Government in the year 2005, No.72/2005/Fin the petitioner is entitled for various other benefits. 5. In the Annexure to the said Circular item 3 is Leave Without Allowance granted under Rule 88 otherwise than on medical W.P.(C).NO.5450 OF 2006 3 certificate. Then the period will count for service benefits like seniority/promotion and accumulation of Half Pay Leave and will not count for increment, higher grade or accumulation of Earned Leave. Learned counsel for the petitioner therefore, submitted that the period of Leave Without Allowance of the petitioner may be directed to be counted for seniority/promotion and accumulation of half pay leave as provided therein. 6. Since the said aspect has not been considered by the Government it is a matter the Government may have to consider afresh. Hence Ext.P6 will stand set aside. There will be a direction to the Government to reconsider Ext.P5 representation in the light of the Circular No.72/2005/Fin dated, Trivandrum, 30th December, 2005 and an appropriate decision will be taken within a period of three months after hearing the petitioner also. The petitioner will be free to file additional representation if he chooses so in the meanwhile. The Writ Petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE pm