LAWS(KER)-2025-4-5

STATE OF KERALA Vs. SREEKANTAN. S.S

Decided On April 07, 2025
STATE OF KERALA Appellant
V/S
Sreekantan. S.S Respondents

JUDGEMENT

(1.) The key question arising in this matter is whether the Government is entitled to impose conditions while retrospectively converting the period of unauthorised absence of an employee into leave without allowance, as per Rule 88(iii) of Part I of the Kerala Service Rules ('KSR', for short).

(2.) The respondent, while working as an Agricultural Assistant, had been in unauthorised absence for a period from 2/1/2008 to 18/2/2013. He appeared before the Director of Agriculture (second petitioner) on 19/2/2013 to rejoin duty. But he was permitted to rejoin duty only from 22/7/2014. Later, the respondent made a request to consider the period from 2/1/2008 to 18/2/2013 as leave without allowance on medical grounds and to treat the period between 19/2/2013 and 22/7/2014 as a waiting period for joining duty.

(3.) As per Annexure A15 order dtd. 1/8/2017, the Government regularised his service during the entire period as leave without allowance on the condition that the respondent would not be entitled to reckon the said period for Pension, Increment, Higher Grade or Earned Leave. However, the Government rejected the request for converting the said period as leave without allowance on medical grounds for the reason that the respondent did not follow the procedure prescribed in various Government orders for availing leave without allowance on medical grounds.