MURALEEDHARAN R. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The State of Kerala is probably the only State in this country that grants leave without allowances under R.88 of the Kerala State Service Rules and under R.110 thereof. This is upto the period of 15 years, as per Appendix XII-A of the said rules. This is for the purpose of taking up employment abroad or within India. The same provision makes it clear that in the event of such employee not returning to duty immediately on the expiry of the leave, his services shall be terminated after following the procedure laid down in Kerala Civil Service (Classification, Control and Appeal) Rules, 1960. What is required to be followed is the procedure of the 1960 rules. Otherwise the consequences of such benevolent and exceptional provision are crystal clear in the statutory provision itself.

(2.) The question that is posed in this petition is as regards as to whether the extraordinary powers of this Court under Art.226 of the Constitution of India are required for exercise in the matters of such benevolent provisions and the breaches in regard thereto. In the process, the Court will not act as a stranger but would be concerned with the attitude of the employee in the matter of taking advantage of this benevolent provision and to make the best of the situation available under the statutory

(3.) The factual matrix of this petition would require examination and consideration, in the light of the above observations, keeping in mind the necessity of the writ court to be more vigilant in honouring the provision more in spirit than with regard to the aspects that get concerned for consideration.