Petitioner challenged an order rejecting his claim to reckon Leave Without Allowance period for grade promotion, relying on an earlier Board Order. The Court dismissed the writ petition, holding that a subsequent Government circular clarified that such leave does not count for service benefits.
Writ petition failed and dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 4TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944
WP(C) NO. 3090 OF 2011
PETITIONER:
GEORGE MATHEW
RETIRED SENIOR ASSISTANT,
O/O PROJECT MANAGER, IDUKKI AUGMENTATION SCHEME,
KSE BOARD,MOOLAMATTOM),MALIAKEL,,
HOSANAMOUNT,EDAMATOM,PALA 686 588.
BY ADVS.SRI.SANTHOSH G. PRABHU
SMT.N.U.DEEPA
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,PATTOM,, THIRUVANANTHAPURAM-6950012 CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN,, PATTOM, THIRUVANANTHAPURAM-695001BY ADVS.SRI.M.K.THANKAPPAN, SC, KSEB
SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.3090/2011
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.3090 of 2011
Dated this the 04th day of November, 2022
JUDGMENT
This writ petition is filed with following prayers:
WP(C).No.3090/2011
3
the circumstances of this case which this Hon'ble Court deems just and necessary.
WP(C).No.3090/2011
4
representations, the petitioner approached this Court and this Court, as per Ext.P6 judgment, directed the 2nd respondent to consider Ext.P4 representation. Thereafter the 2nd respondent, as per Ext.P7 order rejected the request of the petitioner for the reason that the benefit conferred upon the petitioner as per Ext.P2 Board Order cannot be extended as the KSEB adopted Ext.P8 circular wherein it was clarified that period availed by an incumbent as Leave Without allowance under Rule 88 of Part 1 KSR, will not be counted for sanctioning higher grade. Aggrieved by Ext.P8 this writ petition is filed.
WP(C).No.3090/2011
5
period of Leave Without Allowance for service benefits is clarified by Ext.P8 circular that Leave Without Allowance under Rule 88 Part I - KSR otherwise on Medical Certificate will not count for the service benefits such as increment, higher grade, pension or accumulation of earned leave. The said circular had been adopted by the Board vide B.O.(FB) No.532/07 dated 07.03.2007.
Therefore, this writ petition fails and the same is accordingly dismissed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
WP(C).No.3090/2011
6
APPENDIX OF WP(C) 3090/2011
PETITIO |
NER EXH |
IBITS |
|---|---|---|
Exhibit |
P1 |
A TRUE COPY OF THE BOARD ORDER NO.EB3/104/LWA/34/99, DATED 15/02/2000ISSUED BY THE 2ND RESPONDENT. |
Exhibit |
P2 |
A TRUE COPY OF THE BOARD ORDER NO.ESTT. I/10942/362/88, DATED27/02/1989. |
Exhibit |
P3 |
A TRUE COPY THE COMMUNICATION NO.EB2/G1/IASM/2005/347 DATED 28/07/2005MADE BY THE THEN PROJECT MANAGER TOTHE 2ND RESPONDENT. |
Exhibit |
P4 |
A TRUE COPY OF THE REPRESENTATIONDATED 02/2/2009 SUBMITTED BY THEPETITIONER TO THE 2ND RESPONDENTTHROUGH PROPER CHANNEL. |
Exhibit |
P5 |
A TRUE COPY OF THE COVERING LETTERDATED 05/02/2009 ISSUED BY THE PROJECTMANGER TO THE 2ND RESPONDENTFORWARDING EXT. P4 REPRESENTATIONDATED 02/02/2009. |
Exhibit |
P6 |
A TRUE COPY OF THE JUDGMENT DATED20/08/2010 IN WRIT PETITION NO. 26517OF 2010. |
Exhibit |
P7 |
A TRUE COPY OF THE ORDER NO.ESTT/GI.II/WP(C) NO. 26517/2010/151,DATED 29/12/2010, ISSUED BY THE 2NDRESPONDENT. |
Exhibit |
P8 |
A TRUE COPY OF THE GOVERNMENT CIRCULARNO. 72/2005/FIN, DATED 30/12/2005. |
Exhibit |
P9 |
A TRUE COPY OF THE REPRESENTATIONDATED 6.9.1999 SUBMITTED BEFORE THECHIEF ENGINEER (HRM) OF KSE BOARD. |
2 issues framed by the court
Whether Leave Without Allowance availed for personal reasons shall be reckoned as qualifying service for computing eligible service for granting grade promotion.
Whether a later Government circular clarifying that Leave Without Allowance will not count for service benefits can override a prior Board order.
Colour shows how this judgement treated each authority
Writ Petition No. 26517 of 2010Referred¶29
George Mathew
Kerala State Electricity Board
Chief Engineer (HRM) Kerala State Electricity Board
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court