A. FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) By his appointment as a Part Time Sweeper with effect from 26/12/1992, the petitioner stood governed by the Special Rules for the Kerala Part Time Contingent Service Rules, hereinafter, the "PTC Rules", in terms of R.14 of which, he could avail leave, among other types, leave without allowance in special circumstances, for a total period of 120 days in a calendar year. He was not entitled to leave without allowance in terms of Appendix XII A Part I KSR for foreign service, that is, to take up employment abroad or within the State, in a service other than that of the employer State Government.

(2.) However, the petitioner submitted an application on 02/11/1993, for leave without allowance for five years, to proceed abroad for employment. That application is stated to have been forwarded to the Government through the second respondent, with the recommendation of the third respondent, to relax conditions and to grant the petitioner leave without allowance for five years as applied for by him. One can hope and a superior can bless. But relaxations in conditions, particularly in relation to grant of leave, are not to be doled out and recommendations ought not to have been made except in exceptional circumstances.

(3.) If one is able to secure employment abroad and if the Rules of the State Government which govern his service do not provide him the entitlement to apply for grant of such leave, the primary intention is that he is not entitled to such leave. Such an interpretation is the necessary outflow of Arts.14 and 16 of the Constitution in so far as it affects the enormous number of unemployed literate, educated, may be even marginally, but qualified, open market candidates waiting for a Government employment, at least in the categories governed by the PTC Rules.