PAILY Vs. K S E B

JUDGEMENT

(1.) THIS Writ Appeal is directed against the judgment of the learned Single Judge in O. P. No. 14342 of 1998 dated 12. 10. 1998 dismissing the Original Petition on the ground that the appellant/petitioner had not satisfied the test for considering his name for three grade promotions during the period of 25 years. It is not in dispute that the appellant was denied the 3rd grade promotion in terms of Ext. P1. His representations under Exts. P4 and p4 (a) were also rejected under Ext. P6. In the above circumstances, the appellant approached this Court. Strong reliance was placed on Art. VIII of the pay Revision, 1990 relating to Grade Promotions (Ext. Pl ). Clause V of Ext. P1 reads as follows : "v. If any workman recruited under the Board's service does not get atleast three promotions/grade promotions within a period of 25 years from the date of his first entry into the Board's service, then he will be granted appropriate number of grade promotions on completion of a period of 25 years from the date of his first entry into the Board's service. " In this case, the petitioner/appellant was away in foreign countries for eight years from 1982 to 1990 on leave without allowances. Therefore, the petitioner has served the Electricity Board only for a period of twenty years. Learned counsel for the appellant submitted that the period of eight years spent on leave without allowances for employment abroad should also be tagged on to the service rendered by the appellant in the electricity Board to give him the three grade promotions in the Board. The electricity Board declined his request on the ground that the period of eight years during which the appellant had served elsewhere under a different employer cannot at all be taken into account and, therefore, the appellant will have only 19 years and six months of service in the Electricity Board and hence he is not eligible to get the 3rd grade promotion.

(2.) IN this case, the appellant entered the Board's service on 28. 8. 1964 and his service was regularised in the Board with effect from 9. 2. 1965. He proceeded on leave without allowances for employment abroad on 7. 4. 1980 and reported back to duty after cancelling the unavailed portion of the leave granted to him on 27. 10. 1998, i. e. , after eight years six months and twenty days.