IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WA.No. 459 of 2006() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2283/2004 Dated 07/12/2005 .................... APPELLANT: PETITIONER: ---------------------- M. SURENDRAN, NILAMBUR CO-OPERATIVE URBAN BANK LIMITED, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION @ GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. 3. THE NILAMBUR CO-OPERATIVE URBAN BANK LIMITED, NILAMBUR, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 4. SRI. PRABHAKARAN, KARULAMPOYIL HOUSE, THRIKAIKUTHY P.O., WANDOOR, MALAPPURAM. BY ADV. SRI.BABU S. NAIR - R4 SRI.V.G.ARUN - R3 SRI.T.R.HARIKUMAR - R3 GOVERNMENT PLEADER SRI.BENNY GERVACIS - R1 & 2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.459 OF 2006 (A) ----------------------------------- Dated this the 17th day of June, 2008 J U D G M E N T KOSHY,J. Petitioner availed leave for foreign service with effect from 15.5.1991. Leave was extended till 17.4.2001 and he rejoined duty on 14.5.1998. When he was on leave, promotion vacancy arose and 4th respondent was promoted to that post. Question involved is whether he is entitled to be promoted during the leave period ? Rule 190 (8) of the Kerala Co-operative Societies Rules reads as follows: “(8) Every employee of a society shall be eligible for different kinds of leave (including surrender of earned leave for the purpose of encashment) as in the case of State Government employees as prescribed under the Kerala Service Rules.” W.A.459/06 2 Rule 190 (9) only mentions about the leave sanctioning authority. Appendix XII-A to Kerala Service Rules, prescribes the conditions for the grant of leave without allowances for taking up employment abroad or within India. Clause 4 reads as follows: “Permanent officers and non-permanent officers who have completed probation in their entry cadre in the regular service of Government may be granted leave without allowances under these rules. In such cases, for, and during the currency of the period of leave, the officers shall lose all service benefits such as the earning of leave including half pay leave, pension, gratuity, increment etc., and also promotion chances as may arise with reference to their seniority in the posts from which they proceeded on leave. They shall also lose seniority in the higher grade/grades with reference to their juniors who might get promoted to such grade/grades before they rejoin duty.” During the currency of leave, if a vacancy arise, next eligible person will get promotion. Ext.P4 Government Order is in accordance with the rules. We agree with the views of the learned Single Judge, and hence this appeal is dismissed. We W.A.459/06 3 make it clear that this judgment or Ext.P4 Government Order is not a bar for considering the petitioner's claim for promotion to any vacancy that occurs after his rejoining of duty as per rules. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008