E DEVADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the 'Compassionate Allowance' ordered to be paid to an employee, who suffered a dismissal or removal from the service on the basis of a proven misconduct, is eligible to have the same claimed with effect from the date of imposition of the punishment itself, as a matter of right, is the question mooted before this Court in this appeal.

(2.) The appellant joined the service in the Judicial Department as a Clerk way back in the year 1955 and was later promoted as a Head Clerk. While serving in the office of the Chief Judicial Magistrate, the appellant preferred an application for 'leave without allowances' for getting employment abroad. It was granted for a period of 'five years' from 8.8.1974; the appellant availed the leave and was working abroad. On expiry of the tenure, extension was granted, which was to be over by 8.8.1984 and the appellant was supposed to rejoin duty on 9.8.1984. The case of the appellant is that, by virtue of the pressure of circumstances and the duties to be performed in connection with the job abroad, he was not in a position to return and accordingly, he stayed back. However, taking stock of the situation, the appellant/petitioner sought to submit an application on 5.11.1980, so as to enable him to retire from the service voluntarily and to get pension in terms of Rule 56 of Part I of the Kerala Service Rules (KSR). This, however, was not considered favourably and it was rejected by an order dated 6.6.1981. Admittedly, the said proceeding has become final, in so far as no challenge has been raised against the rejection of the said request.

(3.) Since the petitioner did not rejoin duty after the expiry of the leave without allowance, disciplinary proceedings were initiated against him for the unauthorised absence. After completing the procedural formalities in this regard, the matter was finalised, whereby, the disciplinary authority passed an order on 8.6.1987, removing the appellant from the service with effect from 9.8.1984, the day on which he was supposed to rejoin duty after expiry of the leave without allowance.