IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WA.No. 546 of 2008() ------------------------------ AGAINST THE JUDGEMENT IN WPC.18372/2007 Dated 13/08/2007OF THE HONOURABLE HIGH COURT OF KERALA. .................... APPELLANTS: RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, K.S.E.BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVANAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT: PETITIONER: ------------------------ K.S. LOOKOSE, KADUNKAL HOUSE, KARUNAGAPPALLY, KOLLAM DISTRICT (SENIOR GRADE ASSISTANT K.S.E.B. (RETD.). BY ADV. SMT.P.K.RADHIKA - R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.546 OF 2008 ------------------------------------- Dated 23rd May, 2008 JUDGMENT Koshy,J . The writ petitioner availed leave without allowance for five years by Ext.P1. Later, that was extended and he has to rejoin duty on 13.10.2006, but, he has not given any posting order. It is the case of the petitioner that he attended the office for 10 days, but, he has not given any posting order and thereafter his services were terminated stating that he did not rejoin duty. It is evident from the appellants' own letters that the petitioner was not allowed to join duty on 13.10.06. In the above circumstances, learned single Judge correctly held that termination for non-joining on 13.10.06 is illegal. The learned single Judge did not direct payment of salary for the period from 13.10.2006 to 30.11.2006, the date of superannuation, but, rightly held that he is entitled to all admissible benefits on his superannuation on 30.11.2006. We see no infirmity in the judgment. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks