STATE OF KERALA Vs. VARGHESE

JUDGEMENT

(1.) Conclusions of learned Single Judge holding that first respondent (hereinafter referred to as 'employee') was entitled to pension is challenged by the State in this appeal under S.5 of the Kerala High Court Act, 1958 (in short 'Act').

(2.) Factual position is undisputed and has to be noted in brief. Employee was serving as a Lecturer in Chemistry in Catholicate College, Pathanamthitta. He was appointed as Lecturer on 6.6.1966 and was confirmed in that post from 1.8.1968 after approval. He went abroad availing leave without allowance for a period of five years from 27.11.1975 to 27.11.1980. Thereafter, he sought for extension of leave for another period of five years which was rejected by the manager of the College. His representation for reappointment and in the alternative, for sanctioning of pension was also rejected.

(3.) Original Petition (OP 3384 of 1994) was filed with two prayers, namely, for reinstatement or in the alternative for grant of pension. At the time of hearing, only the prayer relating to grant of pension was pressed.