CHANDRASENAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard.

(2.) In this appeal, judgment of learned Single Judge holding that appellant is not entitled to surrender earned leave which stood to his credit on the date of resignation is under challenge. Factual position is almost undisputed and runs as follows. Appellant was Assistant Director of Public Prosecutions. While holding the post, he tendered his resignation by letter dated 1.6.1991. Subsequently on 19.6.1991, he requested permission to surrender all unavailed earned leave standing to his credit. By order dated 23.11.1991, sanction was accorded by the Government, subject to eligibility. Accountant General raised objection to the prayer for surrender of earned leave by communication dated 19.2.1992. Thereafter, Government declined to accept appellant's request to surrender earned leave which stood to his credit as on the date of his resignation.

(3.) According to learned counsel for appellant, the view of the learned Single Judge about applicability of R.29(a), Part III, Kerala Service Rules (in short 'the Rules') and R.33 of Kerala State and Subordinate Services Rules, 1958 (in short 'the Subordinate Service Rule) is not correct. It is contended that earned leave has nothing to do with the pensionary benefits which form subject matter of R.29 of the Rules and R.33 of the Subordinate Service Rules. Learned counsel for the State, on the other hand, submitted that the moment there is a resignation, all previous service under the Government stood obliterated and there is forfeiture of all benefits the officer earned while he held office.