Dismissing a petition by a nurse employed in the Gulf against the health department's refusal to admit her application for extension of leave, the court ruled that such employees should be removed from service and filled the posts with new recruits.

Jainamma Joseph of Thiruvalla, who is working in Saudi Arabia, moved the division bench after her plea was rejected by a single bench. Jainamma extended her five-year leave twice and wanted further extension, which was rejected by the authorities.

The bench of Justice CN Ramachandran Nair and Justice K Surendra Mohan observed that it was unethical to claim pension and other retirement benefits from the state's exchequer after working long years abroad.

Jainamma, a nurse employed at ESI Hospital, Alappuzha, went on a five-year leave in 1999 and emigrated to the Kingdom. She extended her leave for another five years in 2004 and applied again for extension in 2009, which was rejected by the health department.

The petitioner argued that she was entitled to take 20 years' leave and return to service. The State Government Medical Insurance Services Director, Regional Director, Ernakulam, and Superintendent of ESI Hospital, Alappuzha, were other respondents in the case.

Upholding a single judge's view that claim for long leave after getting employment abroad is to retain the service only to claim pension and other benefits, the judges observed that the practice of clinging to the service only to claim benefits was condemnable.