1. The appellant with a view to take up employment abroad for bis own personal benefit made an application to the Government to grant him leave to enable him to take up employment abroad when he was serving as a Radiologist. Leave prayed for was granted and he was permitted to go abroad to take up employment by order dated 18-7-1980 as per Ext. P1 subject to the following express stipulations:

"That the leave without allowance sanctioned will not count for increment, pension or any other service benefits and will be recorded as such in the service records of the incumbent."

The appellant came back after serving abroad for his own benefit, on 5-3-1985. He staked his claim after his coming back to the post of Unit Chief Radiologist The right to claim consideration for that post depended upon the number of points he would acquire under the points system under which the length of service rendered was one of the factors to be taken in awarding units. The appellant on the basis of R.8

of the Kerala State and Subordinate Service Rules claimed that the period of his absence of leave from 18-7-1980 to 5-5-1985 should be counted as service for awarding units. The State Government n