IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6453 of 2007(R)
1. P.P. LAKSHMI, HEAD NURSE,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF HEALTH SERVICES,
3. THE DISTRICT MEDICAL OFFICER
For Petitioner :SRI.K.SHRIHARI RAO
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :28/02/2007
O R D E R
K.K.DENESAN, J.
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W.P.(C) No.6453 of 2007 &
W.P.(C) Nos.2970 & 3187 of 2006
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Dated, this the 28th day of February, 2007
JUDGMENT
This batch of writ petitions raises an identical question.
Hence they are disposed of by this common judgment.
2. The petitioners availed leave without allowances coming
either within the purview of Appendix XII(A) or Appendix XII(C)
of the Kerala Service Rules. The former is availed for taking up
employment abroad and the latter for going abroad to join the
spouse. Petitioners availed such leave even before they
completed the period of probation in the respective categories of
posts. Hence their service conditions will have to be regulated in
terms of Rule 5 contained in Appendix XII(A) and Appendix XII
(C) of the Kerala Service Rules, as the case may be. It would
appear that despite the provisions contained in the Kerala Service
Rules the Government issued G.O.(P) No.616/2003/Fin. dated
19th November, 2003 saying that those who availed leave
without allowances under Appendix XII(A) before completion of
W.P.(C) No.6453/2007, etc. 2
probation in a grade need not forfeit their seniority and that their
seniority will be protected. It was also stated in the above order
that same treatment will be given to those who are covered by
Appendix XII(B) and Appendix XII(C) of the Kerala Service Rules
as well. Subsequently the Government on realising that
Government order dated 19.11.2003 will not stand the test of law
cancelled that order by G.O.(P) No.39/2005/Fin. dated
20.1.2005. Ext.P5 produced in W.P.(C) No.6453 of 2007 shows
that Government has reviewed the order dated 19.11.2003 and
the said order was cancelled with effect from 19.11.2003.
3. Challenging the above order of the Government
cancelling its own previous order and claiming that the petitioners
are entitled to count their original seniority on re-entry in service
after availing leave without allowances, these writ petitions have
been filed.
4. The scope and ambit of Rule 5 of Appendix XII(A) as
also Appendix XII(C) have been considered by this Court in Shaji
Lukose v. State of Kerala and others (I.L.R. 2007 (1) Kerala
543 = 2007 (1) KLT 679). The ratio of the decision is against the
petitioners in these writ petitions. In the light of the legal
W.P.(C) No.6453/2007, etc. 3
position discussed in the above judgment, the order passed by
the Government cancelling the Government order dated
19.11.2003 is valid and sustainable. The writ petitions are
therefore liable to be dismissed. Hence I do so.
K.K.DENESAN,
JUDGE
vns