Leya K.R vs The State Of Kerala
2021 Latest Caselaw 15079 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                        WP(C) NO. 14203 OF 2021
PETITIONER:

            LEYA K.R
            AGED 45 YEARS
            WIFE OF MURALI, HIGH SCHOOL TEACHER (MATHS), S.N. TRUST
            HIGHER SECONDARY SCHOOL, NATTIKA,
            THRISSUR DISTRICT-680 566

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD



RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM-695 001

    2       THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM-695 014.

    3       THE DEPUTY DIRECTOR OF EDUCATION
            AYYANTHOLE-680 003, THRISSUR.

    4       THE DISTRICT EDUCATIONAL OFFICER
            CHAVAKKAD, THRISSUR DISTRICT-680 506

    5       THE MANAGER,
            S.N. TRUST SCHOOLS, KOLLAM-691 001



            SRI. BIJOY CHANDRAN -SR. G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14203 OF 2021            2


                           JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 to 4 to issue formal orders cancelling the unavailed portion of leave in respect of the petitioner since 07.08.2017. (2) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 to 4 to grant pay and allowances due to the petitioner since 07.08.2017 until Exhibit P8.

(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 to 4 to grant the 2014 and 2019 Pay Revision benefits due to the petitioner including the due increments and Senior Grade.

(4) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibits P10 and P11 after affording an opportunity of being heard to the petitioner within a time limit.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that the petitioner, who was working as HST (Maths)

in the 5th respondent's school had availed Leave Without

Allowance which was sanctioned by Ex.P3. However, she

rejoined duty before the expiry of the period of leave

sanctioned and had sought orders cancelling the unavailed

portion of leave. However, no formal orders have been issued,

cancelling the said period of leave and she was been granted

pay in the scale of pay applicable at the time when she availed

leave. It is submitted that the benefits of the 2014 and 2019 pay

revisions and grade promotions are denied to her. It is

submitted that Ext.P11 representation has now been submitted

before the 1st respondent seeking formal orders for cancelling

the unavailed portion of leave and further consequential

orders granting her all the benefits including the pay revision,

increments and grade. It is submitted that the said

representation is liable to be considered in accordance with

law.

Having heard the learned Government Pleader also, there

will be a direction to the 1st respondent to take up, consider

and pass orders on Ext.P11 representation preferred by the

petitioner with notice to the petitioner as well as the 5 th

respondent and after hearing them through any appropriate

means, including by video conferencing. Orders shall be passed

within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 14203/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.2001.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE G.O(RT) NO.

4021/12/G.EDN. DATED 23.08.2012. OF THE GOVT.

Exhibit P4 TRUE COPY OF THE PETITION ADDRESSED TO THE MANAGER DATED 17.07.2017

Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER 2017-2018 DATED 18.12.2017 OF THE DEO.

Exhibit P6 TRUE COPY OF THE STAFF FIXATION ORDER 2018-2019 DATED 30.06.2018 OF THE DEO.

Exhibit P7 TRUE COPY OF THE G.O(RT) NO.

4893/2018/GEDN DATED 23.11.2018 OF THE GOVT.

Exhibit P8 TRUE COPY OF THE G.O(RT) NO.

4893/2018/GEDN. DATED 23.11.2018 OF THE GOVT.

Exhibit P9 TRUE COPY OF THE CIRCULAR NO.

GEDN.J1/110/2018/GEDN DATED 12.10.2018.

Exhibit P10 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 07.08.2017.

Exhibit P11 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 28.11.2018.

Exhibit P12 TRUE COPY OF THE LETTER NO. B5/3959/20 DATED 09.04.2021 OF THE DEO ADDRESSED TO THE MANAGER.