Arijit Pasayat, C.J.

1. The Judgment of the Court was delivered by Pasayat, C. J.- Heard. In the appeal filed by the State challenge is to the order passed by the learned Single Judge holding that the regularisation of period of absence, subject to the rider that it "will not count for any service benefits including pension" is illegal.

2. A brief reference to the factual aspects would suffice. Respondent while working as an Assistant Professor of Anatomy in the Medical College, Thrissur, availed of leave on medical grounds. During the period of her leave, her husband was granted Commonwealth Medical Fellowship and as per the teems of the Fellowship, the grantee was to take along with him, his fatally. To satisfy that condition, she accompanied her husband to the United Kingdom. Before proceeding there, she applied for eligible leave till her return. She came back in February, 1985 and reported for duty. She was allowed to join duty on 15th May 1985. Thereafter action was taken against he: for alleged unauthorised absence and the Joint Director of Medical Education was appointed as enquiry officer to enquire into the charges of unauthorised absence and her travel abroad witho