A.P.MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The grievance of the petitioner is that he has availed leave without allowance prior to the introduction of Appendix XII -A in K.S.R. Therefore, the said period must be reckoned for granting time bound grade promotions. Claiming the same, the petitioner has moved the Government. Since there is no response, he has filed the writ petition.

(2.) The petitioner who was an H.S.A (Arabic) in Mohamed Abdurahman Sahib Memorial High School, Venmanad, Pavaratty, Thrissur District retired from service on 31 -03 -2000. His period of service are, as Peon from 08 -06 -1966 Junior Arabic Teacher from 02 -12 -1968 to 04 -05 -1970 and H.S.A (Arabic) from 05 -05 -1970 to 31 -03 -1976. He was on leave without allowance from 01 -04 -1976 to 31 -03 -1986. He re -joined duty on expiry of leave without allowance on 01 -04 -1986 and retired on 31 -03 -2000.

(3.) The petitioner had availed leave without allowance from 01 -04 -1976 to 31 -03 -1986 in terms of G.O.(P) No.274/70/Fin. dated 29 -04 -1970. G.O.(P) No.274/70/Fin. dated 29 -04 -1970 specifically mentions that the leave period will not be reckoned for any other service benefits. In G.O.(P) 159/95/Fin dated 20 -02 -1995 it was clarified that those who were on leave to take up employment abroad or within the country sanctioned prior to 16 -12 -1983 and extending thereafter will not attract the provisions in Appendix XII -A of the K.S.R and will be denied their promotion chances. As per Ext.P3 order, the 2nd respondent allowed to reckon the leave without allowance for the period upto 16 -12 -1983 ie. from the date of commencement of Appendix XII -A, to sanction of promotion as Headmaster. In Ext.P10 Government letter No.1294/S2/05/G.Edn. dated 18 -05 -2005, it is stated that the request to reckon the leave without allowance period from 1976 to 1986 for higher grade promotion is baseless. As per G.O.(Rt).No.1815/76/G.Edn. dated 03 -05 -1976 Government granted 5 years leave without allowance to the petitioner in terms of G.O.(P)274/70/Fin. Dated 29 -04 -1970. The petitioner extended leave without allowance for a further period of 5 years from 01 -4 - 1981 to 31 -03 -1986 and it was sanctioned as per G.O.(Rt). No.1249/81/G.Edn. dated 03 -04 -1981. 4. As per G.O.(P) 274/70/Fin. dated 29 -04 -1970 and G.O.(P) 159/95/Fin. dated 20 -02 -1995 leave without allowance period from 01 -04 -76 to 31 -02 -1986 has not been reckoned for sanction of time -bound higher grade. The petitioner had availed leave without allowance from 01 -04 -1976 to 31 -03 -1996 in terms of G.O.(P) No.274/70/Fin. dated 29 -04 -70. In the above G.O it is clearly stated that L.W.A granted as per the G.O.(P) No.274/70/Fin. dated 29 -04 -1970 will not be counted for increment, weightage and other service benefits. In addition, Government also rejected the request of the petitioner, to count leave period for grade and stated that the service reckoned for increment alone will be counted for grade and the period of L.W.A for taking up employment outside the Government Service will not be reckoned for Higher Grade. 5. The K.S.R; Part I, Rule 88 deals with the rules for granting the L.W.A. to the employees. The argument of the petitioner to consider the period spent on leave including the L.W.A as duty is not in order. In G.O.(P) No.274/70/Fin dated 29 -04 -1970, it is clearly stated that the leave period will not be counted for increment, weightage and other service benefits. Government as per letter No.1294/S2/05/G.Edn. dated 18 -05 -2005 rejected the request of the teacher. 6. The petitioner had availed leave without allowance from 1976 to 1986 before the commencement of Appendix XII -A of K.S.R. But the Government decisions as per No.1294/S2 / 05/G.Edn. dated 18 -05 -2005 is that the service reckoned for increment alone will be counted for grade and the period of Leave Without Allowance for taking up appointment outside the Government service will not be reckoned for Higher Grade. 7. The learned counsel for the petitioner relies upon Ext.P2 Government Order which is quoted herein for ready reference: FINANCE (RULES) DEPARTMENT G.O.(P) 159/95/Fin.Dated, Thiruvananthapuram, 20th February, 1995. Abstract: - Kerala Service Rules -Leave without allowances to take up employment abroad or within the country as provided under Appendix XIIA -Modification -Orders issued. Read: