IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3539 of 2009(U) ------------------------- PETITIONER(S): --------------- PROF.(DR.) P.C.RAJENDRAN, CENTRE FOR PLANT BIO-TECHNOLOGY AND MOLECULAR BIOLOGY, COLLEGE OF HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR DISTRICT, PIN- 680656(RESIDING AT "CHAND MAHAL"THOTTAPADY, (PO)MANNUTHY,TRICHUR DISTRICT) BY ADV. SRI.SARVOTHAMAN RESPONDENT(S): --------------- 1. THE REGISTRAR,KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR DISTRICT, PIN-680656. 2. THE VUCE CGABCELLOR, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR DT. PIN-680656. 3. ASSOCIATE DEAN,COLLEGE OF HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, TRICHUR DIST.PIN-680656. 4. THE ACCOUNTANT GENERAL OF KERALA (A&E) OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 5. STATE OF KERALA,REPRESENTED BY SECRETARY TO THE GOVERNMENT,AGRICULTURE (FARMS) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI. A.J.VARGHESE STANDING COUNSEL RANJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No. 3539 of 2009 ---------------------------------------- Dated this the 6th day of February , 2009 JUDGMENT Petitioner is working as Professor in the College of Horticulture of Kerala Agricultural University, Mannuthy. He applied for leave without allowance for 4 years for employment abroad. Ext.P1(a) is the application. It is the case of the petitioner that despite all the legal formalities being complied and eligibility criteria fulfilled, the 1st respondent by Ext.P5 dated 21.1.2009 addressed to the 3rd respondent informed that the petitioner's application cannot be considered favourably at present. 2. The main prayers in this writ petition is for a writ of certiorari to set aside Ext P5 and for a writ of mandamus commanding the respondents to sanction the leave without allowance for 4 years commencing from February 2009 and for other reliefs. The 3rd respondent forwarded Ext.P1(a) application to the 1st respondent vide Ext.P2 letter dated 4.12.2008. Ext.P4 is the agreement executed by the petitioner with the would be employer dated 23.10.2008 3. The petitioner brought to this Court's notice that the 1st respondent University has sanctioned leave without allowance for other Associate Professors similarly placed with the petitioner. It is also pointed out that to one of his colleagues who is an Associate Professor W.P. (C) No. 3539 of 2009 -2- ( Entomology) College of Horticulture, leave was sanctioned without allowance for employment abroad. Ext.P6 is the said order passed by the 2nd respondent. 4. In Paragraph 6 of the writ petition the petitioner undertakes to comply with whatever conditions to be imposed by the 1st respondent University for the purpose of grant of leave without allowance. 5. The petitioner also submitted that a Criminal case (C.C. 642/2006) was registered under Sections 143, 147, 455, 342, 352 read with 149 IPC ,at the instance of the Registrar against the petitioner and 21 other teachers falsely implicating them as accused for the alleged conduct of threatening the Associate Dean of the respondent University and forced him to issue salary slip without any reduction in the pay scale by detaining him more than 3 hours in the office. It is his further case that even though they were granted bail in that case, the pendency of the Criminal case cannot be the reason for non- consideration of his application and therefore he seeks to quash Ext.P5 order. According to the petitioner he has crossed 55 years of age and had to rejoin service before his date of superannuation. if the leave without allowance is granted he can duly retire at the age of 60 years. 6. The petitioner affirms that no liability is due to the respondent University . It is also stated that no vigilance enquiry or disciplinary action is pending against the petitioner. It is also stated by him in the writ W.P. (C) No. 3539 of 2009 -3- petition that he is prepared to abide by the conditions regarding the appearance before the Judicial First Class Magistrate Court-III, Thrissur. The petitioner also submitted that the 1st respondent University and the Government are benefitted from pecuniary liability by saving his salary if Ext.P1(a) is sanctioned. 7. I find that there is no serious objection on the part of the 1st respondent University in granting leave. One of the main reason stated by the standing counsel for the 1st respondent University is the pendency of the Criminal case. The very same case stands against another professor who was granted leave without allowance by Ext.P6. There is no reason for not considering the petitioner's application for leave on merits other than the reason now put forward by the standing counsel for the 1st respondent University. I am of the view that the petitioner is entitled to get leave. The respondents 1 and 2 shall pass appropriate orders granting him leave. Ext.P1(a) application shall be reconsidered and appropriate orders shall be passed within a period of 7 days from the date of receipt of a copy of this judgment. The writ petitioner shall produce a copy of this judgment and writ petition before the respondents 1 & 2 for taking immediate action in this regard. In the result, Ext.P5 is set aside and this writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es. W.P. (C) No. 3539 of 2009 -4- HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 3539 of 2009 ---------------------------- JUDGMENT 6th February, 2009