STATE OF KERALA REP BY ITS SECRETARY TO GOVENMENT OF KERALA DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM Vs. K V MAJEED S/O LATE MUHAMMED MUSLIAR

JUDGEMENT

(1.) THE respondents in the writ petition, the State Government and the Assistant Educational officer, are in appeal against judgment of the single Judge holding that the period spend as leave without allowance by the writ petitioner shall be reckoned as eligible service for the purpose of giving grade promotion. Learned single Judge relied on Ext.P1 Government order as well as Ext.P3 judgment of the hon'ble Supreme Court for holding that the writ petitioner is entitled for reckoning the period of leave without allowance availed from 02-06-1979 to 30-06-1981, for the purpose of employment abroad.

(2.) LEARNED Government Pleader on behalf of appellants contended that, Ext.P1 Government order is only concerned with promotional chances and it cannot be applied to those who availed leave for taking up employment abroad or within the country. It is also pointed out that in Ext.P3 judgment the hon'ble Supreme Court held that in such cases the incumbent cannot be denied of promotion. But with respect to sanctioning grade promotion the situation is different. Since the petitioner has not worked during the period of leave he cannot be considered for grant of grade promotion, is the contention.

(3.) UNDER the above mentioned circumstances we are of the considered view that the stand taken by the learned single Judge is not sustainable. Accordingly we allow the writ appeal and set aside the judgment through which benefit of grade promotion was allowed to the writ petitioner. The writ petition will stand dismissed.