Judgment : Thottathil B. Radhakrishnan, J. 1. The impugned judgment rendered by the learned single Judge does not reflect the facts of the case of the appealing writ petitioner in W.P. (C) No.21080 of 2012 which proceeds to decide certain issues of law. We, therefore, leave it appropriate to state the basic facts required to decide this case. 2. Appellant was appointed as a Driver in KSRTC on 22.07.2000 having been advised for such appointment by the Public Service Commission. After satisfactory completion of probation, he availed Leave Without Allowances (L.W.A.) and went for employment abroad which is in accordance with the terms of Appendix XIIA to Part I KSR and in tune with KSRTC order dated 21.08.1984 which is in pari materia with the terms of Appendix XIIA. He availed that leave on 10.01.2008 and rejoined duty on 01.09.2010. Thereafter, he was issued a memo stating that his seniority will be reduced from Rank No.1579 to 6483 (B) on the ground of availing LWA for employment abroad. The question is whether such deprivation of seniority in the grade in which the appellant was working while he was granted LWA is permissible. 3. Both sides rely on the same materials, i.e., Appendix XIIA and the aforenoted Board order. What is relevant is paragraph 3 of the aforenoted Board order dated 21.08.1994. That reads as follows: "Permanent employees and employees who have completed probation in their entry cadre in the regular service in the Corporation will be granted leave without allowance for taking up employment outside the country as well as inside. In such cases, during the currency of the leave period, the employees shall lose all service benefits including commutation leave benefits, half pay leave benefits, increment, pension etc. and also promotion chances as may arise with reference to their seniority in the posts from which they left on foreign service. In other words, the period spent by such employees on leave without allowances, to take up employment elsewhere shall 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 get promoted before they rejoin duty". It is in pari materia with the relevant clause of Appendix XIIA to Part I KSR. 4. They shall lose seniority also in the grade with reference to those who might get promoted before they rejoin duty". It is in pari materia with the relevant clause of Appendix XIIA to Part I KSR. 4. In cases where permanent employees and employees who have completed probation in their entry cadre in the regular service are granted leave without allowances for taking up employment outside the country as well as inside, the employees shall lose all service benefits including commutation leave benefits, half pay leave benefits, increment, pension etc. during the currency of the leave period. They would 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 get promoted before they rejoin duty. Therefore, in so far 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. KSRTC has no case of any such nature against the appellant and the mere availing of Leave Without Allowances under Appendix XIIA or under the aforenoted order of KSRTC does not deprive the eligibility to continue at the same seniority position. The view that we take above is also in conformity with the decision of this Court in O.P. No. 32006 of 2001 (Annexure A7) and the decision of the Division Bench (Annexure A8) in W.A. No.1179 of 2005 confirming it. We are in complete agreement with the propositions stated therein. Hence, he is entitled to the reliefs sought for, in the writ petition. 5. The learned counsel for KSRTC pointed out that the writ petitioner had agreed to the terms and conditions of the KSRTC's order. We see that he has done it. We are only giving him the benefit due in terms of that order and nothing more. For the aforesaid reasons, this writ appeal succeeds. The writ petition is entitled to be allowed. We see that he has done it. We are only giving him the benefit due in terms of that order and nothing more. For the aforesaid reasons, this writ appeal succeeds. The writ petition is entitled to be allowed. Hence, setting aside the impugned judgment in so far as it relates to W.P. (C) No. 21080 of 2012, the said writ petition will stand allowed directing that the KSRTC shall not reduce the original seniority of the writ petitioner on the ground of availing Leave Without Allowances for employment abroad. His seniority will be restored to his original Rank No.1579. Exhibit P4 will stand quashed. The final gradation list will stand modified accordingly. No costs.