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2002 Supreme(Ker) 541

K.BALAKRISHNAN NAIR
Pushpangadan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner is a High School Assistant working in St. Paul's High School, Kozhinjampara. He was first appointed in that school in 1979 and has got continuous service from 2.6.1980. He is due to retire on 30.4.2003. In the year 1987, he met with an accident and he applied for leave without allowance prefixing the summer vacation of 1987. The same was granted. Since he did not recover, again he applied for leave without allowance on medical ground for about two years from 1.6.1987 to 11.7.1989. The application was accompanied by the requisite medical certificate, submits the petitioner. But, when leave without allowance on medical ground was granted as per Ext. P1, it was ordered that leave for one year from 1.6.1989 to 31.5.1988 will be leave without allowance on medical ground and the leave from 1.6.1988 to 11.7.1989 will be leave without allowance on regular basis under R.88 Part I KSR. There is no reason for bifurcating the leave into two as the application was accompanied by only one medical certificate covering the entire period.

2. The petitioner chose not to challenge the said order then. But, by Order dated 16.12.1989 he was granted the first higher grade wi





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