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 and conditions stipulated in Appendix XII A, Part I, K.S.R. Her request for extension of leave under the same terms and conditions was allowed for another 5 years from 20-11-1995 as per Govt. Order dated 16-1-1996 and a further extension for 5 years from 20-11-2000 as per Govt. Order dated 8-2-2001. She sought for permission to rejoin duty on 30-4-2002 after cancelling the unavailed portion of leave. The permission sought for was granted as per order dated 30-5-2002 and she rejoined duty on 18-6-2002. The period of probation for staff nurses is a total period of 2 years on duty within a continuous period of 3 years. The petitioner could not complete the period of probation prior to her proceeding on leave. Hence, after rejoining duty also, she was on probation from 18-6-2002 to 17-6-2004. She became approved probationer with effect from 18-6-2004.

3. In the seniority list of Staff Nurses as on July, 1990, the petitioner's name does not find a place though she had first commenced service as Staff Nurse with effect from 18-5-1989 on the advice of the State Public Service Commission. The petitioner filed representation requesting to include her name in the seniority list taking into consideration the date of her first effective advice by the P.S.C., namely, 19-4-1989. Her request was rejected as per Ext. P9 letter dated 25-3-2006 of the 2nd respondent informing her that those who had availed leave without allowances for employment abroad before successfully completing the period of probation would be treated as fresh entrants in service on the date of rejoining duty on return from leave and as such she could legitimately claim seniority only with effect from 18-6-2002.

4. The petitioner has sought for a writ of certiorari to quash Ext. P9 and for a writ of mandamus directing the respondents to assign her rank in the seniority list of staff nurses with reference to 19-4-989, the date of first effective advice by P.S.C. for appointment to the post of Staff Nurse.

5. The petitioner's case is that she is not liable to forfeit the seniority earned by virtue of her selection and advice by P.S.C. for appointment to the post of Staff Nurse, for, seniority has to be reckoned with reference to the date of advice in terms of Rule 27(c) of Part II, K.S. & S.S.R. and that the words service benefits in Rule 5 of Appendix XIIA of K.S.R. do not take within its fold seniority.

6. I have heard Shri. Devan Ramachandran, learned counsel for the petitioner and Shri. Manoj Kumar, learned Senior Govt. Pleader for the respondents.

7. Rule 88, Part I, K.S.R. governs the grant of leave without allowances. Rule 110B of Part I, K.S.R. says that rules for the grant of leave without allowances for taking up employment abroad or within India are given in Appendix XIIA. Rule 4 of Appendix