J SREEKALA STAFF NURSE Vs. STATE OF KERALA

JUDGEMENT

(1.) What is the effect of R.5 of Appendix XIIA referred to in Exception 2 to R.88 and R.110B of Part I, Kerala Service Rules (for short, K.S.R.) on seniority determined as per R.27(c) of Part II of Kerala State and Subordinate Service Rules (for short, K.S. and S.S.R.) Is not seniority earned as provided in K.S. and S.S.R. a service benefit These questions have come up for consideration at the instance of a Government employee who is subjected to the rigour of R.5 of Appendix XIIA of K.S.R, which directs that the service benefits that had accrued to a probationer prior to his proceeding on leave without allowances for taking up employment abroad or within India, shall stand forfeited.

(2.) Facts, in brief, may be stated thus:

(3.) In the seniority list of Staff Nurses as on July, 1990, the petitioner's name does not find a place though she had first commenced service as Staff Nurse with effect from 18/05/1989 on the advice of the State Public Service Commission. The petitioner filed representation requesting to include her name in the seniority list taking into consideration the date of her first effective advice by the PSC, namely, 19/04/1989. Her request was rejected as per Ext. P9 letter dated 25/03/2006 of the 2nd respondent informing her that those who had availed leave without allowances for employment abroad before successfully completing the period of probation would be treated as fresh entrants in service on the date of rejoining duty on return from leave and as such she could legitimately claim seniority only with effect from 18/06/2002.