STATE OF KERALA Vs. V. M. KURSHID

JUDGEMENT

(1.) Heard. In the appeal filed by the State challenge is to the order passed by the learned Single Judge holding that the regularisation of period of absence, subject to the rider that it "will not count for any service benefits including pension" is illegal.

(2.) A brief reference to the factual aspects would suffice. Respondent while working as an Assistant Professor of Anatomy in the Medical College, Thrissur, availed of leave on medical grounds. During the period of her leave, her husband was granted Commonwealth Medical Fellowship and as per the teems of the Fellowship,the grantee was to take along with him, his fatally. To satisfy that condition, she accompanied her husband to the United Kingdom. Before proceeding there, she applied for eligible leave till her return. She came back in February, 1985 and reported for duty. She was allowed to join duty on 15th May 1985. Thereafter action was taken against he: for alleged unauthorised absence and the Joint Director of Medical Education was appointed as enquiry officer to enquire into the charges of unauthorised absence and her travel abroad without sanction from the Government. The enquiry officer found her guilty of both the charges. Thereupon, a punishment of barring of one. increment without cumulative effect was imposed upon her. Against the order of punishment, she preferred a review petition.

(3.) Meanwhile, she moved the Government for transfer to the Medical College, Trivandrum. When no order on that request was passed, she moved this Court by filing O.P. No. 23 of 1986 and this Court by Judgment dated 1.3th March 1986 directed the Government to consider her representation and pass final order within three weeks from the date of Judgment. She was then transferred to the Medical College, Trivandrum. While she was working there, she had to avail of leave on medical grounds for the period from 4th July 1985 to 8th July 1986. But the leave applied for was not granted. Meanwhile, the Government as per order, G.O. (Rt.) 2690/87/H and F.W.D. dated 8th September 1987 regularised her absence in the following manner: