Leave From Employment For Research Abroad Should Not Be Treated As Break In Service, Must Be Counted For Pension Purposes: Madras High Court

Justice Anand Venkatesh noted that even as per a Government Order issued in this regard, the period of absence during employment abroad should be treated as an extraordinary leave and should not be considered a break in service but one without allowance.

The court was hearing a petition filed by Rakkiyappan who had approached the court after his leave period was not counted for pension, other terminal benefits, annual benefits and for Carrier Advancement Scheme (CAS).

Rakkiyappan informed the court that he was appointed as an Assistant Professor in Bharathiar University and was invited to work as Research Professor for one year in the Research Centre at Korea. He further informed the court that he had applied for permission and the same was granted by the University permitting him to work as a Research Professor.

Rakkiyappan contended that though he was granted permission, he was informed that his period of Research abroad would not be counted as service and would not be taken into account for calculation of accrued leave, pension or other terminal benefits.

The court noted that as per the Tamil Nadu Leave Rules, which the University had adopted , an employee could avail a total of 5 years' leave on Loss of Pay during his whole service. In the present case, the court noted that Rakkiyappan had went abroad to hone his kills for which permission was also granted.

The court thus opined that while Rakkiyappan would not be entitled to any pay or allowance, the period of leave could not be treated as a break in service. The court thus ruled that the University's decision was unsustainable and did not satisfy any of the relevant rules. The court therefore allowed the petition and quashed the University's order.

Counsel for the Petitioner: M/s.N.Kavitha Rameshwar

Counsel for the Respondent: Mr.K.Surendran, Additional Government Pleader, Mrs.V.Sudha, Standing Counsel

Citation: 2024 LiveLaw (Mad) 331

Case Title: R Rakkiyappan v. The State of Tamil Nadu

Case No: W.P.No.10045 of 2023