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2014 Supreme(Ker) 23

S.SIRI JAGAN
R. Shaji – Appellant
Versus
Kerala State Electricity Board – Respondent


Advocates Appeared:
For the Petitioner:M.V. Thamban, Thara Thamban, Advocates.
For the Respondents: . Asok M. Cheriyan, Pulikool Abubacker, Jose J. Matheikel, Senior Counsels, KSEB.

Judgment :

1. The petitioner was appointed as an electrical worker in the Kerala State Electricity Board on 12.11.1996. Before completing probation, he availed of leave without allowances for taking up private employment, under Appendix XIIA of the Kerala Service Rules, for the period from 1.12.1996 to 20.12.1999. He rejoined duty after the leave on 30.11.1999. His probation was declared with effect from 30.5.2000. Subsequently, he was promoted as Lineman Grade II, with effect from 11.4.2003. Thereafter, on 19.11.2003, the Government issued Ext.P1 Government order directing that seniority of those who availed of leave without allowances under Appendix XIIA, before completion of probation in a grade, will be protected even though the benefits accrued prior to their proceeding on leave are forfeited and are treated as new entrants in the grade. That was with a condition that they will lose promotion chances that may arise during the currency of leave and until the date of completion of successful probation after rejoining duty. Thereafter, they will occupy the position above those recruited after him and remaining in last grade was the condition imposed. The Board adopted Ext.P1 Gover







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