IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WA.No. 1325 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.4138/2010 Dated 03/03/2010 .................... APPELLANT(S): PETITIONER ------------------------ JAINAMMA K.JOSEPH,W/O.OOMEN K.THOMAS, KARUVADIYIL(H),KARACKAL PO,PERINGARA,THIRUVALLA, EMPLOYED AT RABIGH GENERAL HOSPITAL,P.B.NO.251, 21911,JEDDAHKINGDOM OF SAUDI ARABIA,REP.BY P/H OOMMEN K.THOMAS,44 YEARS,KARUVADIYIL(H),KARACKAL- PO,PERINGARA,THIRUVALLA,PATHANAMTHITTA,KERALA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, INSURANCE MEDICAL SERVICES, THYCAUD, THIRUVANANTHAPURAM. 3. REGIONAL DY.DIRECTOR, INSURANCE MEDICAL SERVICES (CZ) ERNAKULAM. 4. THE SUPERINTENDENT, E.S.I.HOSPITAL, ALAPPUZHA. BY G.P. SRI. BENNY GARVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1325 of 2010 -------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT Ramachandran Nair, J. Appellant is a nurse in the Government service. She got employment in Saudi Arabia and Government facilitated foreign employment by initially granting 5 years leave without allowances and extended it by another five years permitting her to serve abroad retaining her service in the State Department. However, when appellant applied for a third time for leave without allowances for another five years, the higher authorities declined the same against which Writ Petition was filed. The learned single Judge held that appellant has no right or is not entitled to get leave indefinitely though without allowances. We are in complete agreement with the learned single Judge because claim for long leave after getting employment abroad is to retain the service in Govt. Department only to claim pension after retirement from foreign service. We are of the view that this practice should be deprecated and if the Government servants go WA 1325/2010 2 on leave for long duration, State should terminate their services and employ substitutes. We do not find any merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WA 1325/2010 3