IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 17113 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------ C.K.BABURAJ, LINEMAN I (UNDER ORDER OF PROMOTION TO THE POST OF JUNIOR ASSISTANT/CASHIER), COMMUNICATION SECTION, SHORNUR, PALAKKAD. BY ADV.MR.M.SASINDRAN RESPONDENT(S): ------------------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (HRM), K.S.E.B., VAIDYUTHI BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, K.S.E.B., ELECTRICAL CIRCLE, SREEKANDAPURAM, KANNUR DISTRICT. 4. THE DEPUTY CHIEF ENGINEER, K.S.E.B., SYSTEM OPERATION CIRCLE, KANNUR. 5. THE DEPUTY CHIEF ENGINEER, SYSTEM OPERATION CIRCLE, K.S.E.B., KALAMASSERY, ERNAKULAM DISTRICT. 6. THE ASST. ENGINEER, COMMUNICATION SECTION, K.S.E.B., SHORNUR-2. BY MR.K.S.ANIL, SC, K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17113 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of July, 2009 JUDGMENT The petitioner is an employee of the Kerala State Electricity Board. He had availed leave without allowances on medical grounds for the period from 3-2-2009 to 28-2-2009 and from 1-3-2009 to 31-3-2009. His grievance is that though he reported for duty on 4-4-2009 before the third respondent, he was not permitted to rejoin duty. 2. The learned standing counsel appearing for the Kerala State Electricity Board submits that the petitioner has been permitted to rejoin duty and he has already rejoined duty on 8-7-2009. He also submits that the Chief Engineer has directed that the leave without allowances already granted to the petitioner up to 31-3-2009 be regularized after verifying the genuineness of the medical certificate. The learned standing counsel for the Kerala State Electricity Board also submits that as regards the period from 1-4-2009 to 8-7-2009 during which the petitioner was absent he may move the Chief Engineer by filing an appropriate representation and that in the event of such a representation being filed, the second respondent will consider the same and pass orders thereon in accordance with law. W.P.(C) No. 17113/2009 2 3. In the light of the fact that the petitioner has been permitted to and has rejoined duty on 8-7-2009, the only thing remains to be done is to regularize the period during which the petitioner was on leave namely, during the period from 3-2-2009 to 28-2-2009 and from 1-3-2009 to 31-3- 2009 and the period thereafter from 1-4-2009 to 8-7-2009. The Chief Engineer has already directed that the leave sanctioned be regularized after verifying the genuineness of the medical certificate. Therefore, what remains to be done is to take a decision regarding regularization of the period of absence from 1-4-2009 to 8-7-2009. As the Authorities are yet to take a decision in the matter, it will be premature for this Court to go into the merits of the case at this stage. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the second respondent, the second respondent shall consider the same and take a decision thereon in accordance with law after hearing the petitioner. This shall be done within two months from the date on which the petitioner moves the second respondent. P.N.RAVINDRAN, JUDGE. mn.