IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 OP.No. 22234 of 2000(V) ---------------------------------- PETITIONER: ------------------- DR.M.G. SRINIVASAN POTTI, JOINT DIRECTOR (RTD.), 23/71 `SRIJID', KANATTUKARA, THRISSUR. BY ADVS. SRI.M.V.BOSE, SRI.CHERIAN VARGHESE, SRI.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 22234/2000-V: ORDER ON C.M.P. NO. 37406/2000 & I.A. NO. 4996/2008 IN O.P. NO. 22234/2000-V DISMISSED 25/05/2010. SD/- ANTONY DOMINIC, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN O.P. 9556/94 DTD. 17/12/1998. EXT.P.2: COPY OF THE LETTER DTD. 04/03/1999 FROM SR. ACCOUNTS OFFICE, INDIAN AUDIT & ACCOUNTS DEPARTMENT, ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM TO R.1. EXT.P.3: COPY OF THE ORDER DTD 28/05/1999 OF THE R.1. EXT.P.4: COPY OF THE REQUEST FROM THE PETITIONER TO R.2. DTD. 18/01/1999. EXT.P.5: COPY OF THE LETTER DTD. FROM THE PETITIONER TO R.3. DTD. 14/06/1999. EXT.P.5.A: COPY OF THE LEAVE APPLICATION FOR COMMUTED LEAVE FROM THE PETITIONER DTD. 14/061/999. EXT.P.6: COPY OF THE LETTER DTD. 16/06/1999 TO R.1. FROM R.2. EXT.P.7: COPY OF THE LETTER DTD. 08/12/1999 FROM R.1. TO R.3. EXT.P.8: COPY OF THE NOTICE FROM ADVOCATE M.V. BOSE TO R.1. DTD. 01/02/2000. EXT.P.9: COPY OF THE LETTER ISSUED BY THE R.1. TO ADVOCATE M.V. BOSE DTD. 14/03/2000. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- O.P. No.22234 of 2000 (V) --------------------------------- Dated, this the 25th day of May, 2010 J U D G M E N T Grievance in the original petition is that for the period from 12/06/1989 to 08/11/1989 the petitioner has been granted half pay leave and that what the petitioner seeks is a declaration that he is entitled to be granted commuted leave for the aforesaid period with all benefits. 2. The petitioner availed of leave for pursuing PhD by availing of leave from 1984 onwards. By order dated 12/06/1989, he was directed to join duty, but he did not. The justification offered is that the course was not over. In fact, on an earlier occasion when the petitioner approached this Court and filed O.P.No.9556/94 for regularising the period of his absence, in paragraph 5 of the said judgment this Court held as follows:- “However, even after 12/06/1989 the petitioner failed to report for duty and another posting order was passed under Ext.P2 dated 30/12/1989 and the petitioner joined only on 08/11/1989. Hence the period between 12/6/1989 and 08/11/1989 has to be treated as if petitioner was not on duty.” It was thereafter that he was granted half pay leave for the said O.P. No.22234/2000 -2- period. Findings of this Court as contained in paragraph 5 of Ext.P1 judgment extracted above has become final. If that be so, the petitioner and the respondents, who are parties to the judgment, are bound by the findings in the judgment. If so, the period from 12/06/1989 to 08/11/1989 could have been treated only ordered therein. On the other hand, contrary to the findings in the judgment, the respondents have granted the petitioner half pay leave, which itself is an undeserving concession. Therefore, the prayer of the petitioner that the same period should be allowed to be commuted is impermissible in view of the findings in Ext.P1 judgment. The original petition fails and is dismissed. (ANTONY DOMINIC, JUDGE) jg