Antony Dominic, J. This appeal is filed by the respondents in WP[(C) No 31442/2013 aggrieved by the judgment of the learned single Judge rendered on 24th of January, 2014. Respondent, an HSST junior, availed leave without allowance for the purpose of undergoing B.Ed. Course. He filed the writ petition challenging Ext.P1 to the extent it declined his request for reckoning the leave without allowances period for service benefits. By the impugned judgment, the learned single Judge allowed the writ petition and therefore this appeal is filed.
2. Although various contentions have been raised in the appeal and were reiterated by the learned Government Pleader when the appeal was taken up for admission, a reading of the judgment under appeal shows that when the matter was taken up, appellants themselves made available to the learned Judge Annexure IV GO(Ms) No.9/2014/GEdn. dated 8/1/14 and the learned Judge has disposed of the writ petition holding that the
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case of the respondent is covered by Clauses (v) and (vi) thereof. Judgment does not show that any contention regarding the inapplicability of the provision relied on by the learned Government Pleader was argued before the learned Judge. In other words, the contentions now urged before us are not seen urged before the learned single Judge. In such a situation, if according to the appellants, the judgment is vitiated for any reason, the remedy available to them is to seek review of the judgment rather than filing the appeal.
With that liberty, the appeal is disposed of.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE