IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 1879 of 2009(W) ------------------------- PETITIONER(S): --------------- R.SUSHEELA DEVI, D/O. NEELAKANTAN, HOUSE NO. 101, KEERTHANAM,MARAPALAM GARDENS RESIDENTS ASSOCIATION, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.L.NARASIMHAN SRI.N.KRISHNA PRASAD RESPONDENT(S): --------------- 1. CHIEF ENGINEER,(HRM), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM PALACE POST, THIRUVANANTHAPURAM. 2. SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM PALACE POST, THIRUVANANTHAPURAM. BY S.C. SHRI K.S. ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1879 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009. JUDGMENT The petitioner retired from the service of the second respondent Board as Executive Engineer. Earlier, he had approached this court by filing Writ Petition No.2922/2003 mainly for a relief to count the period of leave without allowance for the purpose of increment and second higher grade benefits. By Ext.P1 judgment, this court directed the first respondent to look into the matter with notice to the petitioner and to see that action is taken within three months from the date of receipt of a copy of this judgment. The petitioner is relying upon the judgment in O.P.No.15190/2001 wherein this court has held that the leave shall count for the purpose of higher grade. Again, he filed a fresh representation as per Ext.P2. Since no action is being taken in the matter, the petitioner has approached the respondents by filing Ext.P3. He has pointed out in Ext.P3 that going by the judgment of the Apex Court in S.L.P.(C) No.2538/2003, he is entitled for the said benefit and the other parties have also been benefited by the grant of similar claims. 2. Heard learned Standing Counsel for the respondents also. WPC 1879/2009 2 3. There will be a direction to the first respondent to consider Ext.P3 in accordance with law and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/