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2020 Supreme(Ker) 800

BECHU KURIAN THOMAS
S. Vinod – Appellant
Versus
Kerala State Electricity Board Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. K.P. Satheesan, Sri. Anoop V. Nair, Sri. M.R. Jayaprasad, Sri. P. Mohandas, Sri. N. Manu Thampi, Sri. S. Vibheeshanan, Sri. Sudhinkumar.
For the Respondents: Sri. K.S. Anil, Smt. Aneetha A.G.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Leave for employment abroad is a concept prevailing in various departments under the Government. It is contemplated as a piece of beneficial action for Government employees. However, occasionally, such beneficial schemes are exploited by some employees. When the situation turns unfavourable, they turn around and claim that they must be treated as continuing in the employment of the Government. No wonder, this court observed in Bini John vs. Regional Deputy Director of Collegiate Education, Kochi, 2017 (2) KHC 213, that such long leaves are putting to peril the efficiency of employment and even the chances of another aspirant who does not have the circumstances to go abroad, all of which call for the requirement of a re-look at the policy.

2. Petitioner while working as a Sub-Engineer in the Kerala State Electricity Board (for short ‘the Board’) was granted leave without allowance for a period of five years for taking up employment abroad. At that time, 5 years was the maximum possible duration for such leaves. The period of five years was from 14.11.2007 to 13.11.2012. He failed to rejoin duty on the day after the expiry of his leave. On noticing

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