High Court Kerala High Court

K.I.Muralidharan vs State Of Kerala on 3 February, 2011

Kerala High Court
K.I.Muralidharan vs State Of Kerala on 3 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28281 of 2004(P)


1. K.I.MURALIDHARAN, S/O. K.R. ITTIADHI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF URBAN AFFAIRS,

3. THRISSUR CORPORATION,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :03/02/2011

 O R D E R
               T.R. RAMACHANDRAN NAIR, J.
              ~~~~~~~~~~~~~~~~~~~~~~~~~~~
               W.P.(C). No.28281/2004-P
              ~~~~~~~~~~~~~~~~~~~~~~~~~~~
         Dated this the 3rd day of February, 2011

                    J U D G M E N T

The petitioner approached this Court seeking for a

direction to the respondents to consider the request

contained in Exts.P2 and P3 and permit the petitioner

to rejoin duty and retire on superannuation on

30/09/2004.

2. According to the petitioner, he was sanctioned

Leave Without Allowance by the first respondent as per

Ext.P1 order for a period of 2 years. Later, the leave

was extended by the first respondent by three years

from 16/12/1996 to 15/12/1999 and, thereafter, for

another five years from 16/12/1999 to 15/09/2004 in

view of his retirement on 30/09/2004. For cancelling

his leave, it is stated that he filed a representation

as per Ext.P2 and finally since no action was being

taken, he filed another representation as per Ext.P3.

3. This Court had passed an interim order on

28/09/2004 allowing the petitioner to rejoin duty in

case he has been continuing on leave without allowances

sanctioned by the first respondent upto 15/09/2004.

W.P.(C). No.28281/2004
-:2:-

Learned counsel for the petitioner submitted that he

was not allowed to rejoin duty.

4. Going by the counter affidavit filed by the

third respondent-Corporation, the averments in the writ

petition that his leave was extended by the first

respondent for a period of three years from 16/12/1996

to 15/12/1999 and, thereafter, for another five years

from 16/12/1999 to 15/09/2004 in view of his retirement

on 30/09/2004 are denied by the Corporation. It is

stated that the petitioner has not produced any

Government Order to substantiate his contention. In

that view of the matter, the writ petition is

dismissed. If the petitioner has any other grievances,

it is for him to approach appropriate forum. No costs.

Sd/-

(T.R. Ramachandran Nair, Judge.)

ms
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