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1998 Supreme(Ker) 638

A.R.LAKSHMANAN, K.NARAYANA KURUP
Elizabeth – Appellant
Versus
Director Of Health Services – Respondent


JUDGMENT

1. Heard Mr. M. R. Rajendran Nair for the appellant and Mr. P. K. Ravikrishnan, Government Pleader, for the respondents. By consent of both sides, the Writ Appeal itself is taken up for final disposal.

2. The appellant filed the Original Petition seeking to quash Exts. P-4 and P-6 to the extent it imposes a condition that the leave without allowance sanctioned to the petitioner from 16th February 1991 to 28th June 1,992 will not count for any (service benefits including pension, and for a further declaration that the period of leave without allowance availed by the petitioner will be reckoned for her pensionary benefits. A mandamus is also sought for directing the respondents to refix the petitioner's pension by reckoning the period of leave without allowance and disburse the arrears from 30th June 1992 till the date of disbursement. The learned Single Judge dismissed the Original Petition stating that the appellant cannot contend that the Government has no power to impose condition while granting leave without allowance to the petitioner. Aggrieved by the said Judgment, the above appeal has been filed.

3. The short facts relevant for the disposal of the appeal are as follows


























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