DR. MANOJ S. Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The appellant/writ petitioner challenges the dismissal of the writ petition filed for quashing Ext. P8 order of the respondent which did not extend the benefit of Ext. P1 Government Order to the petitioner while conferring the service benefits due to the petitioner during the period of leave without allowance availed by the petitioner from 02-03-1993 to 01-03-1995 for pursuing higher studies.

(2.) The writ petitioner joined service as a Physical Education Lecturer on 21-02-1992 and is presently working as an Associate Professor in the Department of Physical Education at N.S.S. College, Changanassery. The petitioner had availed two years leave without allowances from 02-03-1993 to 01-03-1995 as part of a Junior Research Fellowship of the University Grants Commission for doing research in Physical Education. The said period of two years was not counted as qualifying service by the respondents despite the subsequent Government Order No. G.O. (P) No. 56/2000/H. Edn. Dated, 15-4-2000 whereby the Government had decided to allow deputation to those teachers who undergo higher studies without financial commitment to Government and subject to other conditions. Alleging that the petitioner's representation to consider the above said period as qualifying service was wrongly rejected as per Ext. P8 order dated 01-06-2016, writ petition was filed in 2018, claiming the benefit of the Government Order referred above and seeking to quash Ext. P8 order passed by the 2nd respondent. The appellant could not have asked for the benefit for reckoning the period 2-3-1993 to 1-3-1995 as qualifying service in view of the provisions of Rule 88 Part I KSR. The availing of leave as aforesaid was prior to Ext.P1 order which came into force only on 15-4-2000.

(3.) The learned Single Judge by the judgment under appeal dismissed the writ petition holding that the benefit of the Government Order dated 15-4-2000, which has no retrospective effect, cannot be granted to the petitioner.