ABOOBACKERKOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that has come up for consideration in this case is as to whether the Government is justified in invoking R.59(b) of Part III of the Kerala Service Rules for reducing the petitioner's pension by Rs.25/- after having found that the service of the petitioner has been thoroughly unsatisfactory due to his unauthorised absence for over thirteen years.

(2.) Petitioner was appointed as Survailance Worker in the Health Department on 12.11.1960 under the NMEP Scheme. Staffs of the said scheme were integrated with the staff of the department. Petitioner was absorbed as Basic Health Worker and later promoted as Family Planning Health Assistant. While so, he proceeded on leave for Haj Pilgrimage on 27.7.1977. Leave was granted only upto 17.1.1978. He did not rejoin duty due to certain pressing and unforeseen reasons. He applied for extension of leave from 18.1.1978. However, the same was not sanctioned. Petitioner returned to India after a period of more than 12 years and reported for duty in Primary Health Centre, Ambalappara in Palakkad District. He was ready to join duty. Later he attained the age of superannuation on 31.7.1992. Since petitioner was not given the retirement benefits he submitted application before the authorities for disbursement of the retirement benefits. The same was not granted since the period from 18.1.1978 to 31.7.1992 was not regularised. Petitioner then filed representation dated 18.1.1994 before the authorities. Government however passed an order regularising the period of absence from service from 21.7.1977 to 31.7.92 as leave without allowance under Appendix XII A part I K.S.R. It was however ordered that the period would not count for any service benefits including pension. The order was issued as a very special case in relaxation of rules and stated that the same would not be quoted as a precedent. The Government directed the Director of Health Services was directed to take necessary steps to settle the pensionary benefits of petitioner. Ext. PI is the order which was passed on 10.11.1994.

(3.) On 1st December 1994 first respondent issued show cause notice Ext. P2 to petitioner under R.59(b) Part III of the K.S.R. It was pointed out in Ext. P2 notice that petitioner had applied for leave for 180 days from 21.7.1977 and went abroad without prior sanction from Government. On expiry of the leave petitioner did not turn up for duty. Petitioner was on unauthorised absence for years and turned up for joining duty only during 1990. It was pointed out that petitioner's action reflects his attitude towards the State Government Service. Petitioner deserted his post at his convenience. Government on a review of the whole issue came to the conclusion, the service rendered by petitioner as Family Planning Health Assistant in the Health Services Department is quite unsatisfactory. Petitioner was therefore directed to show cause why an amount of Rs.25/- should not be reduced from his monthly pension, and why he should not be proceeded under R.59(b) of Part III K.S.R.