IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 146 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.12205/2005 DATED 24/10/2008 .................... APPELLANTS/ RESPONDENTS 1 AND 2: --------------------------------------------------------- 1. THE VICE CHANCELLOR,THE UNIVERSITY OF CALICUT,CALICUT UNIVERSITY.P.O,THENHIPALAM, MALAPPURAM DISTRICT. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O,THENHIPALAM, MALAPPURAM DISTRICT. BY ADV. MR.P.C.SASIDHARAN, SC, CALICUT UTY.. RESPONDENTS/ PETITIONER & RESPONDENT NO.3: --------------------------------------------------------------------------- K.MALATHY, SELECTION GRADE ASSISTANT, PAREEKSHA BHAVAN,CALICUT UNIVERSITY.P.O, THENHIPALAM, MALAPPURAM DISTRICT. BY ADV. MR. GOVIND K. BHARATHAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.146 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . The writ petitioner while working under the respondent University (appellant) was promoted as Senior Grade Assistant. She applied for leave without allowance for five years from 9.4.1983. After she entered on leave, by Ext.P3 she was informed that leave cannot be granted and she rejoined for duty on 15.2.10984. By Ext.P4 order her absence during the above period from 9.4.1983 to 14.2.1984 was regularised. Thereafter, she availed maternity leave followed by leave without allowance. She rejoined duty on 20.8.1987. Her representation was allowed by Ext.P5 order by the Vice Chancellor for regularising the leave period. Thereafter, she filed Ext.P6 representation for promotion. By Ext.P9 order, Ext.P5 order was cancelled. Thereafter, Ext.P10 promotions were effected excluding the petitioner. Ext.P9 order was challenged before this Court and in Ext.P11 judgment it was asked to be reconsidered. Again Ext.P14 order was passed cancelling Ext.P5 order and that was again challenged resulting in Ext.P16 directing reconsideration of the matter. Again the parties were heard and Ext.P18 order was passed W.A.146/2009 2 cancelling Ext.P5 order and other consequential orders. Learned single Judge heard the matter and agreed with the views of the University in Ext.P18, but, held that the petitioner should be given the pensionary benefits on a notional basis. It is also stated that petitioner will not be entitled to any monetary or other benefits other than the pensionary benefits. It is a discretionary order passed after accepting the main contention of the University. In the facts and circumstances of the case, directions in the impugned judgment are just and reasonable and we see no ground to interfere with the impugned judgment. The appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks