Leave Without Allowance taken for educational purposes should be credited towards service benefits for promotion, as upheld by judicial precedent.

JUDGMENT

Petitioner has approached this Court seeking a direction to quash Ext.P11 audit certificate and memorandum to the extent it denied service benefits to the petitioner. Petitioner has also sought for a direction to quash Exts.P8 and P9 letters issued by the 3^rd respondent and other consequential reliefs.

2. Petitioner entered service as Peon in the 4^th respondent Society on 08.05.2014 and the petitioner, being fully qualified for appointment as Data Entry Operator, was promoted to the above post w.e.f. 01.06.2017. Petitioner while working as Data Entry Operator, availed leave without allowance (LWA) from 02.07.2018 to 31.03.2019 for acquiring additional qualification of Junior Diploma in Co-operation (JDC), which is a mandatory qualification for promotion to the higher posts. The managing committee as per Ext.P1 decision sanctioned LWA to the petitioner. He has successfully completed the course as per Ext.P2. It is submitted that as per Ext.P7 feeder category Sub Rules of the 4^th respondent, an employee who completes two years of service in the cadre of Data Entry Operator is eligible to be promoted as Senior Clerk. Accordingly, petitioner was promoted as Senior Clerk w.e.f. 01.03.2020, without reckoning the period during which he availed leave for study purpose. Later, based on a request made by the petitioner, the managing committee of the 4^th respondent as per resolution dated 05.10.2021 granted retrospective promotion to the petitioner in the cadre of Senior Clerk w.e.f. 09.08.2019 reckoning his service during the period in which he availed leave for study purpose. Petitioner would further submit that the pay of the employees was revised and the pay of the petitioner was revised to the scale of pay of Rs.19,890-52,450/-, at the same time Mr.B.S.Rajeev who was promoted as Senior Clerk w.e.f. 03.07.2020, after the petitioner's promotion to the above post was drawing higher scale of pay. Thereupon petitioner has submitted another representation requesting to step up his pay in par with the pay of his junior. The 4^th respondent considering the request of the petitioner granted the said relief and stepped up the pay of the petitioner to that of his junior as per Ext.P4 proceedings. Petitioner submits that the stepping up of pay was also relying on Ext.P5 Government circular dated 17.05.2017. The 3^rd respondent while preparing the audit memorandum issued two letters, Exts.P8 and P9, objecting the stepping up of pay of the petitioner in par with his junior and also objecting the retrospective promotion given to the petitioner by reckoning the study leave period. The managing committee passed Ext.P10 resolution overruling the same. Thereupon Ext.P11 audit certificate and memorandum was submitted objecting to the petitioner's promotion to the post of Senior Clerk by reckoning the LWA period for study and also objecting the stepping up of the petitioner's pay in the cadre of Senior Clerk in par with his junior and the 3^rd respondent is now insisting the petitioner to repay the salary and other benefits drawn by the petitioner pursuant to Exts.P3 and P4 orders. It is aggrieved by the same that the petitioner has approached this Court.

3. A detailed counter affidavit has been filed by the 3^rd respondent, Concurrent Auditor and relying on Ext.R3(a) it is contended that persons employed in the posts which are not mentioned in the circular when sent on LWA for acquiring higher qualification should be sent with a condition that the leave will be granted without allowance. Similar is the condition in Ext.R3(b) circular also and that the employees in the posts that do not require co-operative training shall undergo the traini