IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 4138 of 2010(N) ------------------------- PETITIONER(S): --------------- JAINAMMA K.JOSEPH, AGED 39 YEARS, W/O.OOMMEN K.THOMAS, KARUVADIYIL HOUSE,KARACKAL.P.O,KUZHIVELIPURAM MURI PERINGARA VILLGE,THIRUVALLA TALUK, PRESENTLY EMPLOYED AT RABIGH GENERAL HOSPITAL P.B.NO.251 21911,JEDDAH,KINGDOM OF SAUDI ARABIA,REP.BY HER P/A HOLDER OOMMEN K.THOMAS, AGED 44 YEARS, KARUVADIYIL HOUSE,KARACKAL.P.O,KUZHIVELIPURAM MURI PERINGARA VILLGE,THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, INSURANCE MEDICAL SERVICES, THYCAUD, THIRUVANANTHAPURAM. 3. REGIONAL DY.DIRECTOR, INSURANCE MEDICAL SERVICES (C.Z) ERNAKULAM. 4. THE SUPERINTENDENT, E.S.I HOSPITAL, ALAPPUZHA. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 4138 OF 2010 -------------------------------------------- Dated this the 3rd day of March, 2010 JUDGMENT The petitioner, who was working as Staff Nurse Grade II at the E.S.I. Hospital, Alappuzha, is presently employed at Saudi Arabia. She is represented by the Power of Attorney Holder who is none other than her husband. While working at the E.S.I. Hospital, she availed leave without allowances for a period of five years for taking up employment abroad. Initially she was granted leave for five years with effect from 19.11.1999. Subsequently, that was extended for another five years till 19.11.2009. Prior to the expiry of the said leave period, she requested for extension of leave without allowances to enable her to continue with the employment she had obtained in the foreign country. Ext.P4 is the said application. As per Ext.P6 communication of the 4th respondent dated 4.12.2009, she was informed that her request was rejected by the second respondent and she was directed to rejoin duty forthwith. She was also cautioned that in case of failure to rejoin duty forthwith, as directed, the matter would be taken up with the higher authorities. According to the employee, under the bona W.P.(C) NO. 4138/2010 2 fide belief that her application for extension of leave without allowances would be allowed by the respondents, she had renewed her contract with her present employer and as such she has to remain in Saudi Arabia till September, 2011. Subsequently, she filed Ext.P8 representation before the Government praying to set aside the order dated 4.12.2009 rejecting her application for extension of leave and to extend her leave without allowances for another five years with effect from 19.11.2009 or in the alternative to grant her sufficient time to rejoin duty considering her present contract of employment in Saudi Arabia. Ext.P8 is dated 15.12.2009. 2. The petitioner was granted leave without allowances in terms of Appendix XII-A of the Kerala Service Rules (hereinafter referred to as “the KSR”). There is no provision in the KSR which would enable an automatic extension of leave without allowances on the mere asking by the concerned employee. She was already granted leave without allowances for ten years. Whether it should be extended or not is a matter to be decided by the Government after taking into account all the attending circumstances. Evidently her application for extension of leave with effect from 19.11.2009 was rejected and she was directed to rejoin duty forthwith. In this context it is relevant to refer to the incongruity W.P.(C) NO. 4138/2010 3 discernible from the conjoint reading of the averments in paragraph 5 of the Writ Petition and Ext.P4. As per the averments she was abroad during September, 2009 and she had renewed the contract for two more years. However, the place and date in Ext.P4 were shown respectively as 'Alappuzha' and 30.9.2009. Whatever that be, admittedly the said decision was communicated to her as per Ext.P6 dated 4.12.2009. She already had sufficient time to comply with the direction in Ext.P6. 3. When the concerned employee, in defiance of the orders passed by the competent authority, is not reporting for duty and unauthorisedly remaining as an absentee, it could only be at her peril. In such eventuality, as cautioned, the 4th respondent would have to report the matter to the higher, competent authorities for enabling them to take further action in accordance with the relevant provisions, as mentioned in Appendix XII- A of the KSR. No relief can be granted in this Writ Petition filed through the Power of Attorney Holder. Accordingly, this Writ Petition is dismissed. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 4138/2010 4 C.T. RAVIKUMAR, J. W.P.(C) NO. 4138/2010 JUDGMENT 3rd March, 2010