The petitioners are challenging Ext.P1 proceedings issued by the Chairman and Managing Director of the 1st respondent Corporation negativing their request to deny promotion to respondents 2 to 4 before promoting the petitioners. Admittedly respondents 2 to 4 have availed long leave for taking job abroad, as 'leave without allowance (LWA)' for various periods. It is further admitted that during the period when the respondents 2 to 4 were under LWA, the petitioners who are juniors in the entry cadre were given Grade promotions. But after respondents 2 to 4 rejoined duty, they were promoted to the next cadre of 'Chargeman', before promoting the petitioners. The petitioners have challenged the said action in a representation submitted before the 1st respondent. Since the same was not considered, they have approached this court in WP(C) No.6860/2007. This court directed the 1st respondent Corporation to consider and to dispose of the said representation. Ext.P1 proceedings was issued consequent to such direction. It is found in Ext.P1 that, eventhough the respondents 2 to 4 will lose seniority in the Higher Grade/Grades with respect to their juniors who might have got promoted to such Grade/Grades before they rejoin duty, it will not in any manner take away the seniority gained based on the date of appointment as per Rule 27(C) of KS & SSR. According to the petitioners the findings in this regard is illegal and erroneous. Hence this writ petition is filed. 2. The issue now remain settled through various decisions. In a recent judgment of a Division Bench of this court in W.A. No.1810/2013 dated 20.01.2014 it is held that in cases where a permanent employees who have completed probation in their entry cadre is granted leave without allowance for taking up employment outside the country he will lose all service benefits including commutation of leave, HPL, increment, pension etc. during currency of the leave period. They will also lose promotion chances as may arise with reference to their seniority in the posts from which they left on such leave. The period will be treated as “dies-non” for all kinds of service benefits. They shall lose seniority also in the grade with reference to those who might got promoted before they rejoin duty. Therefore, insofar as seniority in the grade is concerned, they would only lose the seniority qua any particular person who gets promoted before the person who had availed leave rejoins duty.
3. In the case at hand, the petitioners were given grade promotions overlooking seniority of respondents 2 to 4, when those respondents were under LWA. But after their rejoining duty when it comes to the question of cadre promotion, their original seniority based on the date of joining in the entry cadre has to be considered. Therefore there is no merit in the claim made by the petitioners against their promotion to the next cadre, provided they were fulfilling all the eligibility requirements. The petitioners have no case that respondents 2 to 4 were promoted to the next cadre at any time prior to their rejoining duty. Nor had they got any case that they were promoted without fulfilling the requisite eligibility criteria. Hence this court finds no merit in the contention raised. Ext.P1 proceedings does not suffers from any illegality or erroneous.
Consequently the writ petition fails and the same is hereby dismissed.
Sd/-
C.K. ABDUL REHIM, JUDGE Pn