Kerala High Court calls Kerala Service Rule on leave archaic

Kochi: Kerala High Court has called Kerala Service Rules 'archaic' and asked the state government to have a relook so that employees do not misuse a provision and go on leave for up to 20 years.

The court heavily criticised the rules permitting extended leave of five years at one instance; up to a maximum of 20 years.

"An employee leaving the country for twenty years would leave a vacuum in the post, where the employer would have to have temporary appointments, putting to peril the efficiency in public employment and also the chances of another aspirant," the court observed.

The court found that the provision introduced in the 1980s was motivated by the penchant to earn foreign exchange, which was a dire necessity then.

"Three and a half decades from then, we have progressed, opened up our economy and made a mark in international commerce. It is time those in power have a relook at the rules especially in the context of the growing population we are unable to contain despite the best efforts."

Justice K. Vinod Chandran even asked the petitioner, Bini John, an assistant professor at St Albert's College Kalamassery who sought long leave to join her husband in the USA for five years, to quit if she wanted to go.

The court observed that it was difficult to align with the petitioner's concept of enforcing her right to extended leave, against the paramount interest of education and students.

The court also observed that there was nothing wrong with the management's decision to reject her application.