KRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant with a view to take up employment abroad for bis own personal benefit made an application to the Government to grant him leave to enable him to take up employment abroad when he was serving as a Radiologist. Leave prayed for was granted and he was permitted to go abroad to take up employment by order dated 18-7-1980 as per Ext. P1 subject to the following express stipulations:

(2.) Having regard to the express conditions imposed at the time of granting leave as incorporated in Ext. P1 which we have extracted above, it is clear that the period during which the appellant was on leave for taking up employment abroad cannot count for 'increment, pension or any other service benefits'. The expression 'any other service benefits' includes the benefit of service rendered during the period of absence. Hence on the language of Ext. PI it is obvious that the appellant having secured leave subject to certain conditions after having taken advantage of the said order Ext. P1 cannot now turn round and try to wriggle out of the conditions that were imposed by Ext. PI of denying him the service benefits during the period of his absence.

(3.) But the stand taken by the appellant is that the condition imposed in Ext. P-1 has to yield so that the statutory provision of role 8 of the Kerala State and Subordinate Service Rules should enure. It is in this background that the learned single Judge examined R.8. R.8 provides that: