The petitioner applied for leave while working as Associate Professor, College of Horticulture, Vellanikkara under the Kerala University. He was granted leave. The said leave was granted to take up employment abroad. Ext.P2(a) is the leave sanctioning order dated 01.02.2002. The present writ petition is filed seeking a direction to the University to treat the period availed by the petitioner from 1.2.2002 to 23.7.2004 as leave without allowance under Rule 92 and 92(A) of the Kerala Service Rules (for short, 'K.S.R.') for taking up studies abroad and to reckon that period for the purpose of placement as a Professor under the 1996 UGC Scheme.
2. The learned Standing Counsel for the University pointed out that the petitioner was sanctioned leave W.P.(C) No.31561 of 2008 2 without allowance with effect from 1.02.2002 for a period of five years under Appendix XII-A of the K.S.R. Part I for taking employment abroad. Thereafter, the petitioner cancelled the leave and rejoined the service on 27.4.2004.
3. Since the petitioner has not chosen to challenge the leave sanctioning order, he cannot claim that this was a leave in terms of Rule 92(A) of the K.S.R. Part I. I find force in this argument. The petitioner was sanctioned leave as per Ext.R2(a). That order clearly states that the petitioner was sanctioned the leave to take up employment at College of Agriculture and Food Science, King Faisal University, Saudi Arabia. In that view of the matter, the writ petition is only to be dismissed. Accordingly, it is dismissed. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln