M ABDUL RAHIMAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner joined service as Police Constable in the year 1972. As per Ext. P1 order dated 26. 9. 1980, he was granted leave without allowance for five years from the date of avail for seeking employment abroad. According to the petitioner, in 1986, he filed an application for extension of leave for another five years. Copy of the said application is not produced along with this writ petition because according to the petitioner, they are destroyed. Thereafter, the petitioner filed application for extension on the expiry of every five years and in this fashion the petitioner continued away from duty altogether for a period of more than 20 years from the date of Ext. P1. It is admitted that except Ext. P1, no further leave was sanctioned by the department at any point of time, on expiry of the leave sanctioned under Ext. P1.

(2.) THE petitioner contends that on 29. 11. 2000 he submitted an application before the third respondent Commissioner of Police, Thiruvananthapuram City for permission to rejoin duty pending sanctioning of the leave. By Ext. P2 this request on the part of the petitioner was rejected pointing out that the petitioner had availed of leave for five years for taking up employment abroad with effect from 1. 5. 1981. But he has not thereafter applied for extension of leave nor has he been able to produce any order by the Government sanctioning extension of leave. In the circumstances it is possible to permit the petitioner to rejoin duty. The petitioner was required to produce any orders indicating sanctioning of leave beyond the original period of five years till 30. 4. 2001.

(3.) THE petitioner was not in a position to do so. He submitted Ext. P3. The request made by the petitioner in Ext. P3 was that his request for rejoining duty may be considered on humane and sympathetic ground and that orders may be issued sanctioning leave for 15 years from 1. 5. 1986 (or till the date of rejoining duty) and that he may be permitted to rejoin duty in the department at an early date.