UNNIKRISHNA PANICKER Vs. BHASI

JUDGEMENT

(1.) Writ Appeal No. 3170 of 2000 is preferred by State of Kerala and its officers against the judgment in O. P. No. 20753 of 1998. Writ Appeal No. 2997 of 2000 is preferred by the third respondent against the judgment in O. P. No. 10196 of 1998 and Writ Appeal No. 2996 of 2000 is preferred by the appellant in W.A. No. 2997 of 2000 against the judgment in O. P. No. 20753 of 1998. Point involved in all these cases is the same and therefore we dispose of all these cases by a common judgment.

(2.) We may refer to the facts in O. P. No. 20753 of 1998 against which W.A. Nos. 2996 and 3170 are preferred.

(3.) Third respondent in O. P. No. 20753 of 1998 joined service as Drugs Inspector in the Kerala Drugs Control Service on 24.12.1981 on the advice of the Kerala Public Service Commission. A few months after his appointment, before declaring probation in the post of Drugs Inspector, he applied for leave for five years to take up employment abroad. Application was considered by the Government of Kerala by G. O. (Rt.)No. 139/82 / HD dated 21.1.1982 granted leave subject to the terms and conditions prescribed in G. O.(P) No. 274/70 / Fin dated 29.4.1970 as clarified in G. O.(P) No. 65/76 / Fin dated 25.2.1976 and Circular No. 117546 SD3/76 / GAD dated 19.5.1977 and Circular No. 54973 / SD3/78 / GAD dated 10.7.1978 in relaxation of R.88(ii) of Part I K.S.R. The order further provided that period of leave without allowance sanctioned would not count for increment, pension or any other service benefits and would be recorded as such in the service records.