IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1129 of 2006()
1. K.M.MATHEW, ASSISTANT EXECUTIVE
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER (ADMINISTRATION),
For Petitioner :SRI.N.NANDAKUMARA MENON (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :28/05/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
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W.A. No. 1129 of 2006
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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.
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W.A. No. 1129 of 2006
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Judgment
Dated:28th May, 2008