Shanmugam, J.

W. A. No. 986/1993 was referred to the Full Bench by the Division Bench on the question of interpretation of the fourth proviso to Rule 8 of Part II of the Kerala State and Subordinate Services Rules and Rule 31(a)(i) of the Kerala State and Subordinate Services rules read with Appendix XII-A of the Kerala Service Rules (clause 4). The above O.P. was subsequently referred by a learned single judge to the Full Bench to be posted along with W.A. No. 986/93. However, W.A. No. 986/93 was allowed to be withdrawn and dismissed. Therefore, O.P. No. 3250/1989 is taken up for consideration.

2. The petitioner, while working as Assistant Executive Engineer under the creater Cochin Development Authority applied for leave for live years forgoing abroad for seeking private employment. Even though the Secretary, creater Cochin Development Authority (G.C.D. a.) granted him leave for two years from 1-3-1977 to 28-2-1979, the petitioner got extension of his leave for a further period of three years from 28-2-1979 and a further extension of leave for five years from 1-3-1982. He joined the service back on 28-2-1987. Before he was allowed to join duty there were a number of pro