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2010 Supreme(Online)(KER) 14537

HIGH COURT OF KERALA
K.T.SANKARAN, J
SEYED JAHANGEER C.K. – Appellant
Versus
STATE OF KERALA AND OTHERS – Respondent


Advocates:
SRI.T.RAMPRASAD UNNI, SRI.RAHUL VENUGOPAL

JUDGMENT

The petitioner while working as Lecturer in Electrical and Electronics Engineering, Government Engineering College, Thrissur, availed leave without allowances for five years with effect from 5.12.1994 for going abroad. The leave was further extended on two successful terms of five years each, i.e., from 5.12.1999 to 4.12.2004 and from 5.12.2004 to 4.12.2009. The petitioner again applied for leave without allowances for a further period of five years. The application for granting leave from 5.12.2009 was not granted. However, the petitioner did not continue to work and he went abroad. Ext.P3 communication dated 10.6.2010 was issued by the Director of Technical Education to the Principal, requesting the Principal to direct the petitioner to rejoin duty within fifteen days, on failure of which, disciplinary action would be taken against him. The petitioner rejoined duty on 3.7.2010. Again he went abroad. The petitioner filed W.P.(C) No.25937 of 2010 complaining about non-consideration of his application for leave without allowances. That Writ Petition was disposed of as per Ext.P4 judgment dated 19.8.2010, directing the first respondent to consider the application on the merit

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