K K ABDUL RAZAK Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant was the petitioner in W.P.(C). No. 30609 of 2005. The representation submitted by him before the Government had been turned down on 07-07-2005 and although this was not specifically subjected to challenge, collaterally a claim had been made in the Writ Petition pointing out that the period spent by him on leave without allowances is to be counted for the purpose of the grant of a higher grade.

(2.) The learned single Judge noticed that without challenging the earlier orders passed, the Writ Petition could not have been sustainable. On the merits also, it had been held that the claims of the petitioner for reckoning the period of leave without allowances for the purpose of grant of higher grade was legally not sustainable. Aggrieved thereby this Writ Appeal has been filed.

(3.) Sri. Ajith Narayanan, appearing on behalf of the appellant, submits that a grave error had been committed by the learned single Judge while considering the relevant rules and the matter requires examination, in greater detail. According to him, Rule 4 of Appendix XII-A of the Kerala Service Rule s is sufficient enough to indicate that period spent on leave without allowances could have been reckonable for the purpose of grade promotion. Therefore, the judgment requires a reconsideration. Reliance was also sought to be made on a judgment rendered by a learned Judge in W.P.(C). No. 2948 of 2004 as also the decision reported in Krishna Warner v. Devendran 2005(4) KLT SN 51 - Case No. 66. We had heard Smt. M.A. Vaheeda Babu, the learned Government Pleader for the respondents.