S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) APPELLANT. HEREIN is aggrieved by and dissatisfied with the judgment and order dated 23. 11. 2005 passed by a Division Bench of the Kerala High Court in Writ petition (C) No. 26149 of 2004.

( 3 ) THE factual matrix involving the dispute is on a narrow compass.

( 4 ) THERE are two services in the State of Kerala; one is governed by the Kerala service Rules and the other by the Kerala State and Subordinate Service Rules. Within the State service falls Local Fund Audit Service, known as Kerala Local fund Audit Service.

( 5 ) APPELLANT was appointed as Grade II Auditor on the recommendation of Public service Commission on 7. 7. 1975. He was promoted as Inspector Local Fund account on 18. 11. 1995, which post was re-designated as Audit Officer.

( 6 ) IN terms of paragraph 4 of Appendix XIIA of the Kerala Service Rules, to which we will advert to a little later, the appellant while holding the post of Audit officer, applied for and was granted leave without allowance for a period of 5 years from 1. 9. 1996 vide G. O. dated 18. 11. 1996 for taking employment abroad. He rejoined his duties as an Audit Officer on 8. 11. 2001. Respondent No. 3