IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WA.No. 1789 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15236/2011 Dated 17/06/2011 .................... APPELLANT(S): WRIT PETITIONER ----------------------------- JITHENDRAN PANAPPUZHAKKARAN, ASST.ENGINEER,KSEB(REMOVED FROM SERVICE)PANAPPUZHA HOUSE,VELLUR.P.O,PAYYANNUR,KANNUR-670307. BY ADV. DR.K.P.PRADEEP SRI.K.N.VIKRAMATHITHYAN PILLAI RESPONDENT(S): RESPONDENTS -------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM, PIN - 695 001, REPRESENTED BY ITS SECRETARY. 2. CHIEF ENGINEER(HRM), KERALA STATE ELECTRICITY BOARD,VYDYUTHI BHVANAM,PATTOM, THIRUVANANTHAPURAM, PIN - 695 001. 3. DEPUTY CHIEF ENGINEER(TRANSMISSION CIRCLE),KERALA STATE ELECTRICITY BOARD,KANNUR, VYDYUTHI BHAVAN,KANNUR-670002. MR.K.S.ANIL, SC FOR KSEB THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. No.1789 of 2011 .................................................................... Dated this the 29th day of November, 2011. J U D G M E N T Ramachandran Nair, J. The appellant while serving the Kerala State Electricity Board as Assistant Engineer was granted leave for 5 years to take up employment in the Middle East. The 5 years' period expired on 06/04/2010. Instead of reporting for duty on expiry of the leave period, the appellant applied for extension of time. The KSEB did not extend the time, and on the other hand, proposed to terminate the appellant for unauthorised absence. The appellant's case is that the appellant only requested for further time to rejoin duty on the KSEB declining the appellant's request to extend the leave, which facility was not granted to the appellant. 2. Before the learned Single Judge the appellant challenged the termination order stating that there is violation of natural justice in as much as without declining the W.A.No.1789/2011 2 application for extension of leave, the respondents proceeded to terminate him. However, the learned Single Judge felt that the appellant only tried for extending service abroad as far as possible and was trying to drag the matter with the KSEB. Learned Standing Counsel for the KSEB supported the findings of the learned Single Judge. 3. After hearing both sides, what we feel is that the appellant's termination is not for any misconduct or corrupt practice but only on account of his failure to rejoin duty after expiry of the leave granted by the KSEB. It is quite natural that the appellant wanted to avail maximum leave to serve abroad which is obviously to save some money. As of now, around 1½ years period is over since the time given to the appellant to join back in service. The appellant is a Graduate Engineer with long experience with KSEB as well as abroad for over 6 years. Learned counsel for the appellant submitted that the appellant is willing to rejoin duty at any time, if the KSEB is willing to take him back. We feel in the interest of the Board itself, W.A.No.1789/2011 3 which is short of qualified Engineers, it can consider reinduction of the appellant without giving service benefits to him for the 6½ years period he served outside Kerala. It is also up to the Board to fix a condition that if allowed to rejoin in service the appellant will not be entitled to avail any long leave for taking employment outside, no matter whether the Rules or conditions of service otherwise provide for the same or not. We, therefore, feel that the Board should take into account its own interest and if vacancies are there, allow the appellant to rejoin on such conditions, which the Board thinks fit. 4. We, accordingly, dispose of the Writ Appeal by directing the Chairman of the KSEB to reconsider the matter taking into account the service records of the appellant in the past with the KSEB and his competency & capacity particularly the experience he has gained, and if he is found suitable and if the Board has vacancies to take him back on such conditions which the Chairman deems fit subject to the Rules. The W.A.No.1789/2011 4 judgment of the learned Single Judge is modified as above. The appellant will produce a certified copy of this judgment and appear before the Chairman with his service records on the date given by the Chairman and he should also join back within the time granted by the Chairman, if such facility is extended to him. In fact, conditional orders can be passed by the Chairman in this regard, so that on violation of the conditions, the benefit granted to the appellant will automatically stand extinguished. The petitioner will within a week from now produce certified copy of this judgment and approach the Chairman of the KSEB for appropriate orders in the matter. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg