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2005 Supreme(Ker) 329

J.B.KOSHY, K.T.SANKARAN
The Kerala State Road Transport – Appellant
Versus
A. Noorudeenkutty, Mechanic – Respondent


Judgment :-

Koshy, J.

Respondent/petitioner entered service of the Kerala State Road Transport Corporation on 9.10.1972 as a Cleaner in the Alappuzha Depot. He was promoted as Junior Mechanic on 13.1.1978. While working at Kollam Depot, he applied for leave without allowance for taking up employment abroad. The Corporation granted him leave for a period of five years, ie. From 6.6.1982 to 5.6.1987, as per order dated 3.4.1982. Thereafter, he applied for extension of leave and his leave was further extended from 6.6.1987 to 5.6.1992 and thereafter, from 6.6.1992 to 5.6.1997. Thus he was on leave for 15 Years. As per the provisions of the Kerala Service Rules, existed at the time when he took leave, the period of leave without allowance for taking up employment abroad was also considered for counting seniority and promotion. Appendix XIIA of the Kerala Service Rules was introduced with effect from 16.12.1993, regulating the conditions of granting leave without allowance for taking up other employment. It was adopted by the Corporation with effect from 23.6.1984. Clause 4 of Appendix XIIA clearly specifies that those who were on leave without allowance with effect from 16.12.1983 (in G



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