Suspension periods regularized as eligible leave depend on the leave available at regularization; excess periods are treated as duty.

O R D E R

This is a petition to review the judgment dated

11.7.2007 in W.P.(C) 39552/03. The dispute pertains to the regularization of suspension period. The disputed period is between 10.2.1997 and 3.9.1997. The incumbent retired from service on 31.8.2001. The period of suspension was regularized as eligible leave, by order dated 9.1.1998. In the judgment, this court made it clear that ....”if only there is any leave to the credit of an incumbent available on the date of regularization of the suspension, i.e., as on 9.1.1998 then only such leave can be set off. In other words, in case there is no leave available to the credit of the petitioner as on 9.1.1998, the period will have to be treated as duty for all purposes. Only to the extent of available leave, suspension period can be regularized against that period.”

2. Learned Special Government Pleader contends that only to the extent of leave available to the petitioner as on the date of the order of regularization, the service benefits can be granted and the rest of the period will have to be treated as leave RP NO. 106/08 2 on loss of pay without service break. I am afraid, the said stand cannot be appreciated. In several cases, this court has taken the view that once the period of suspension is regularized as eligible leave, that would only mean that the period will be reckoned only to the extent of leave available to the credit of the incumbent as on the date of the order and the rest of the suspension period will have to be treated as eligible leave for all purposes. If the contention of the learned Government Pleader is to be accepted, in the order of regularization of the suspension period, it should have been made clear that the regularization of suspension period as eligible leave is only to the extent of the leave available to the credit of the incumbent as on the date of regularization and the rest of the period will be treated as leave on loss of pay without service break. So long as there is no clarification to the above effect, the incumbent concerned cannot be visited with the consequence of the suspension period being treated as leave on loss of pay. Therefore, I do not think that there requires any modification/clarification in the judgment. To the extent of leave available to the credit of the petitioner as on the date of RP NO. 106/08 3 regularization, i.e., 9.1.1998, the suspension period can be set off and the rest of the suspension period will have to be treated as duty for all other purposes. Subject to the above clarification, the review petition is dismissed.

KURIAN JOSEPH, JUDGE.

tgs KURIAN JOSEPH, J R.P.No.106/2008 in W.P.(C) No.39552/2003

O R D E R

Dated 29th October, 2008.