MURALI Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Inability of an employee to report for duty on expiry of Leave Without Allowance (LWA) due to medical complications followed by the onset of Covid19 - would that amount to unauthorized absence entailing dismissal/termination from service as provided under Rule 24A Chapter III of the Kerala Service Rules Part-I (KSR)? What is the meaning of the expression- "service shall be terminated after following the procedure laid down" in the aforesaid Rule? Would failure to join duty immediately on expiry of LWA result in automatic dismissal from service? If on following the procedure contemplated under the Rule, the authorities concerned find the absence to be justified, do they have the power or discretion to condone the absence and permit the officer to join or are the authorities concerned clothed with no powers and consequently have no option but to dismiss the officer concerned? These are the questions that arise for adjudication in this appeal.

(2.) This is an appeal against the judgment dtd. 21/12/2021 in W.P.(C) No.17803/2021. The appellant is the petitioner and the respondents herein, the respondents in the writ petition. The parties and the documents will be referred to as described in the writ petition.

(3.) The petitioner, an Assistant Professor in the Kerala Agricultural University, i.e., the first respondent, proceeded on LWA for a period of 20 years from 05/09/1999 to 04/09/2019. According to the petitioner, who was gainfully employed in USA, he had taken steps in August, 2019 itself to join duty on expiry of his LWA. However, due to health reasons and the onset of Covid pandemic, he was able to report for duty in May 2020 only. The respondents ignoring the several written submissions given by him explaining the reasons for his inability to join duty immediately on expiry of LWA, issued Ext.P19 order terminating him from service relying on Rule 24A in Chapter III Part I KSR, Clause 6 of Appendix XII A of Part I KSR and the Kerala Agricultural University Statutes (KAU Statutes). Aggrieved, the writ petition was filed for quashing Ext.P19 order.