IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WA.No. 1129 of 2006(C) --------------------------------- AGAINST THE JUDGEMENT IN W.P(C).NO.28314/2003 DATED 31/05/2006 .................... APPELLANT/ PETITIONER: -------------------------------------- K.M.MATHEW, ASSISTANT EXECUTIVE ENGINEER (TECHNICAL), BUILDING DIVISION, PAINAVU, IDUKKI. BY ADV. SRI.N.NANDAKUMARA MENON (SR.), ADV. SRI.P.K.MANOJKUMAR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER (ADMINISTRATION), PUBLIC WORKS DEPARTMENT, TRIVANDRUM. BY GOVT. PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1129 of 2006 --------------------------------------- Dated this the 28th day of May, 2008 Judgment Koshy,J. Appellant/Petitioner was working as Assistant Engineer in Public Works Department. He applied for leave without allowances with effect from 28.11.1992 for a period of ten years. That was granted. The application was allowed by the Government as per Ext.P1 for a period of five years originally and the same was extended for another period of five years as per Ext.P2 order. It is the case of the petitioner that petitioner requested for curtailing the leave and for joining duty. That request was not considered. According to the petitioner, therefore, he joined duty after the expiry of the leave. By Ext.X2, petitioner requested as follows: "I was working abroad on leave without allowance for 10 years vide GOs cited. The leave is expiring on 27.11.2002 and I have to report on duty by 28.11.2002. Accordingly I am reporting on duty as on 28.11.2002 and request further necessary action to post at or near Tiruvalla. This is in continuation of my request dated 25.8.2002 (Ext.X1)." W.A.No. 1129/2006 2 Accordingly, he rejoined duty. It is the contention of the petitioner that since he has written a letter in 1999 for rejoining duty by Exts.P3, P6 and P7, he should be given promotions with effect from the date when juniors were promoted. As per rule 4 of Appendix XIIA when a person is on leave, the vacancy that arose during the period of leave can be filled up by other eligible person. During the period of leave, he was not entitled to get promotion in that vacancy. He was working in Kuwait as Project Co-ordinator in a construction company for the entire period of ten years. He came back after expiry of the leave. He is not entitled to retrospective promotions as requested by him. We fully agree with the view of the learned single Judge. The appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. 1129/2006 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1129 of 2006 ------------------------------------- Judgment Dated:28th May, 2008