U MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, then a PD Teacher, availed three continuous spells of leave without allowances for five years each, totaling to 15 years, the last spell of which expired on 18.9.1992, in terms of Appendix XII A of Part I of the Kerala Service Rules, hereinafter, "KSR", for short, for taking up employment abroad. He did not re-join duty on expiry of the leave. Action followed under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, hereinafter the "CC & A Rules". Since the notice sent to the petitioner was returned with the endorsement that he is outside India, notice was published in newspapers. He remained ex parte the disciplinary proceedings. The enquiry concluded against him, resulting in his removal from service, as per order dated 20.10.1994, published in the newspapers on 23.11.1994.

(2.) Though he seeks to quash Ext.P1 also, the petitioner appears to have accepted that situation, by moving the Assistant Educational Officer, 1996, seeking pensionary benefits. The AEO, as per Ext.P2 order, held that the petitioner is not entitled to pensionary benefits in terms of the rules because he was removed from service with effect from 19.9.1992 due to unauthorized absence and that his past service stand forfeited. The AEO quoted Rule 29 in Part III KSR in support of that decision.

(3.) This writ petition is filed challenging the vires of Rule 39 in Part III KSR, seeking to quash Exts.P1 and P2 and for a direction that the petitioner be granted all pensionary benefits counting his service.