Kerala High Court
Abdul Kareem C.P vs State Of Kerala on 14 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 18623 OF 2024
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2025:KER:51665
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
WP(C) NO. 18623 OF 2024
PETITIONER/S:
ABDUL KAREEM C.P, AGED 53 YEARS
SON OF MOHAMMED, HEADMASTER, SOHSS, AREEKODE, MALAPPURAM, PIN - 673639
BY ADVS. SRI.AUGUSTINE JOSEPH
SRI.GEORGE RENOY; SHRI.ARJUN REMANAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695015
3 DISTRICT EDUCATIONAL OFFICER
WANDOOR, MALAPPURAM, PIN - 679328
PREMCHAND R. NAIR-SR.GP
THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 14.07.2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is working as the Headmaster of SOHSS, an aided
school established and functioning under the Kerala Education Act 1968
and the Kerala Education Rules 1969. The petitioner entered into service
as a High School Teacher (Mathematics) with effect from 01.08.1996.
Thereafter, the petitioner was promoted as the Headmaster on
29.01.2018.
2. After completing five years of regular service, the petitioner
applied for leave to study the M.Ed Degree course from 03.03.2004 to
04.11.2004 on half-pay, and further from 05.11.2004 to 04.03.2005. The
sanction order in Ext.P1 would disclose that the leave was sanctioned by
the Headmaster on 09.10.2004 for study purposes to pursue an M.Ed.
degree.
3. After completing the M.Ed degree course, the petitioner
applied for the granting of selection grade on completion of 22 years.
Vide Ext.P2 dated 08.09.2020, the claim of the petitioner was rejected,
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stating that the petitioner is not entitled to service benefits as the M.Ed.
degree course is not a mandatory course for High School teachers.
4. Now, after 21 years, vide Ext.P4 dated 28.02.2024, it has been
stated that the petitioner's leave was not sanctioned under Rule 91A, but
it was sanctioned under Rule 88. Therefore, the petitioner is not entitled
to count the service for the period for which the leave was sanctioned to
him.
5. I have considered the submissions advanced on behalf of the
parties and perused the records.
6. Rule 88 Part I KSR on which reliance has been placed in the
impugned order, reads as under:
"88. Leave without allowances.-
(i) Leave without allowances may be granted to any officer in regular
employment) in special circumstances [Provided that the leave of person
appointed under rule 9(a)(i) of the Kerala State and Subordinate Services
Rules, 1958 shall be regulated by rules under Appendix VIII of these rules,
unless he is already an officer on regular employment.
(a) when no other leave is by rule admissible, or
(b) when other leave is admissible, but the officer concerned applies in
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writing for the grant of leave without allowances.
(ii) Except in the case of an officer in permanent employ, the duration of
leave without allowances shall not exceed 3 months on any one occasion.
(iii) When the period of absence of any officer is without proper
application for leave, Government may retrospectively convert the
period of absence into leave without allowance even when any other kind
of leave was admissible at the time of absence."
The said Rule does not talk about the study leave. Therefore, the leave
under Rule 88 Part I KSR is not for pursuing higher studies
7. Whereas Rule 91A Part I KSR reads as under:
"91A. Officers with a continuous officiating or temporary service of 5
years or more may be granted in addition to any leave to which they are
eligible for, leave for undergoing Post-Graduate Courses in the sphere of
their duties which are primarily of benefit to the State, such as Post-
Graduate Courses for Teachers, Engineers and Doctors. The leave shall
be granted only with due regard to the usefulness of the higher studies
to the public service."
This Rule specifically provides that the study leave can be granted for
pursuing higher studies if such a course is useful for the State, and its
usefulness of the higher studies to the public service.
8. The petitioner was granted study leave, which is clear from
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the order dated 09.10.2004 on the application of the petitioner to pursue
the M.Ed. degree course. Therefore, the stand taken in Exts.P2 and P4
that the petitioner was not granted study leave under leave 91A Part I
KSR but under Rule 88 Part I KSR is totally incorrect and cannot be
countenanced in view of the provisions of Rule 88 and Rule 91A extracted
above.
9. Considering the aforementioned facts, this Court is of the
view that the impugned orders are unsustainable and therefore the same
are set aside. The petitioner's study leave is to be treated as leave
granted under Rule 91A Part I KSR, and consequential benefits should be
provided to the petitioner.
The writ petition stands allowed. No order as to costs. All
Interlocutory Applications as regards interim matters stand closed.
Sd/-
D. K. SINGH
JUDGE
jjj
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APPENDIX OF WP(C) 18623/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE LEAVE APPLICATION DATED 4.10.2004 OF THE
PETITIONER.
Exhibit-P2 TRUE COPY OF THE LETTER NO.A4/4487/ 19 DATED 8.9.2020 OF THE
3RD RESPONDENT.
Exhibit-P3 TRUE COPY OF THE REPRESENTATION DATED 13.10.2020 SUBMITTED
BEFORE THE 2ND RESPONDENT.
Exhibit-P4 TRUE COPY OF THE LETTER NO.K3/3/2022/ G.EDN DATED 28.2.2024
FROM THE 1ST RESPONDENT.
Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED 6.1.2021 IN
W.P.(C).NO.6665/2019 OF THIS HON'BLE COURT.
RESPONDENT EXHIBITS
Exhibit R3(a) TRUE COPY OF THE COURSE CERTIFICATE ISSUED BY THE CALICUT
UNIVERSITY DATED 06.06.2022
Exhibit R3(b) TRUE COPY OF THE LETTER NO. K3/3/2022/GEDN, (K) DEPARTMENT
DATED 28.02.2024
Exhibit R3(c) TRUE COPY OF THE CIRCULAR NO. 72/2005/FIN DATED 31.12.2005
Exhibit R3(d) TRUE COPY OF THE G.O.NO.69/2010/GEDN DATED 28.04.2010
