What is the effect of Rule 5 of Appendix XIIA referred to in Exception 2 to Rule 88 and Rule 110B of Part I, Kerala Service Rules (for short, KSR) on seniority determined as per Rule 27(c) of Part II of Kerala State & Subordinate Service Rules (for short, KS&SSR)? Is not seniority earned as provided in K.S. & S.S.R. a service benefit? These questions have come up for consideration at the instance of a government employee who is subjected to the rigour of Rule 5 of Appendix XII A of KSR, which directs that the service benefits that had accrued to a probationer prior to his proceeding on leave without allowances for taking up employment abroad or within India, shall stand forfeited.

2. Facts, in brief, may be stated thus:

The petitioner was advised by the State Public Service Commission as per letter dated 19-4-1989 for the post of Staff Nurse in the Health Services Department. She was appointed as such by the District Medical Officer of Health, Thiruvananthapuram vide order dated 10-5-1989. She joined duty on 18-5-1989 F.N. By Govt. order dated 23-10-1990 she was sanctioned leave without allowances for 5 years for the purpose of taking up employment abroad under the terms