In a significant judgment, the Kerala High Court has clarified that government officers availing Leave Without Allowance (LWA) under Rule 4 of Appendix XII A of the Kerala Service Rules (KSR) will forfeit promotion opportunities only during the period of their leave, and not thereafter.
Understanding Rule 4 of Appendix XII A, KSR
Rule 4 stipulates that permanent officers and non-permanent officers who have completed probation in their entry cadre may be granted LWA. It explicitly mentions that "during the currency of the period of leave," such officers shall lose service benefits, including promotion chances, relative to their seniority in the positions from which they proceeded on leave.
Case Background
The case involved an appellant challenging the appointment of the first respondent as Headmaster of a school. The appellant, though junior, was initially appointed as Headmaster by the school manager. Upon contesting this decision, the manager advised the appellant to acquire the necessary qualifications. The appellant sought exemption under Rule 18 of the Right of Children to Free and Compulsory Education Rules, 2011, which exempts candidates above 50 years from certain test qualifications. The appellant contended that the first respondent lacked continuous service due to an eight-year LWA for foreign employment.
Single Bench Decision
The Single Bench ruled that LWA taken after completing probation does not impact the seniority or probation status of the teacher concerned. Consequently, the first respondent, being the senior-most teacher and eligible for test exemption, was entitled to the Headmaster position.
Division Bench Ruling
Upon appeal, the Division Bench, comprising Justice A. Muhamed Mustaque and Justice P. Krishna Kumar, upheld the Single Bench's decision. The Bench emphasized that Rule 4 limits the forfeiture of promotion opportunities to the duration of the LWA. The Court stated, "Rule 4 itself explicitly limits the consequences provided therein as to the chances of promotion only 'during the currency of the period of leave'... and not thereafter." The Court declined to extend the rule's application beyond this specified period.
Implications of the Judgment
This judgment provides clarity for government employees in Kerala regarding the implications of availing LWA. It ensures that while employees may miss promotion opportunities during their leave, their prospects remain intact upon returning to service. This interpretation safeguards the rights and career progression of employees who take LWA after completing their probation period.
Conclusion
The Kerala High Court's ruling delineates the boundaries of Rule 4 of Appendix XII A, KSR, ensuring that government officers are aware that availing LWA affects their promotion chances only during the leave period. This decision upholds the principle that employees should not face extended career disadvantages upon resuming duties after sanctioned leave.
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