C BINDU Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ petition was preferred by the appellant herein seeking a declaration that the petitioner is having seniority in the cadre of Legal Assistant Grade II with effect from 23-12-2003, i.e., the date of entitled to all service benefits on the basis of that seniority. Petitioner has also sought for a direction to respondents to promote her to the cadre of Legal Assistant Grade I before anyone of her juniors who was advised/appointed as Legal Assistant Grade II after 23-12-2003 is considered for promotion.

(2.) Petitioner had applied for leave without allowance vide leave application dated 14-12-2005 to join her spouse abroad. Application was considered by the Government in the light of GO (P) No. 209/84/Fin. dated 12-4-1984 and GO(P) No. 76/86/Fin. dated 17-1-1986 and accorded sanction for one year from 15-5-2005 to 14-5-2006 subject to the conditions laid down in the above mentioned Government orders. Petitioner after the expiry of the leave returned to India in February 2006 and submitted an application dated 2-3-2006 requesting permission to rejoin duty after cancelling unavailed portion of the leave. Respondent as per its order dated 20-3-2006 cancelled the unavalied portion of leave without allowance from 15-3-2006 to 14-5-2006 and permitted her to rejoining duty in the Department. While the petitioner was on leave, respondent as per order dated 8-8-2005 had provisionally promoted 8 Legal Assistants Grade II as Legal Assistant Grade I. Among those persons who were promoted, three were juniors to the petitioner in the cadre of Legal Assistant Grade II. Petitioner therefore submitted Ex.P8 representation requesting that she may be provisionally promoted as Legal Assistant, Grade I retaining her seniority over the juniors.

(3.) The respondent took up the stand that by availing leave without allowance she has forfeited the previous service and seniority and so she can be considered for promotion as Legal Assistant Grade I only after all those who were advised for appointed as Legal Assistant Grade II before 15-3-2006, the date cu which she rejoined duty. Petitioner has approached this Court for a declaration that she is a entitled to seniority in the cadre of Legal Assistant Grade I with effect 23-12-2003 the date of effective advice for appointment and she be given due promotion considering her seniority.