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2012 Supreme(Ker) 143

C.N.RAMACHANDRAN NAIR, K.VINOD CHANDRAN
Shivadasan, N. K. – Appellant
Versus
State Of Kerala – Respondent


Advocates appeared:
For the Petitioners:Thomas Antony, M.P. Prakash, Advocates.
For the Respondents: R1 to R3, George Mecheril, Government Pleader.

Judgment

VINOD CHANDRAN, J

1. The appellants were the petitioners before the learned Single Judge. The appellants in the writ petition claimed the scale of pay of Primary School Headmasters which was denied to them despite their being promoted as such. The denial of the scale of pay was on the ground that they did not have 15 years of continuous service as on the date of promotion, since, during their permanent service, they had availed of leave without allowances for obtaining employment abroad and the period in which they were on leave cannot be included in the computation of "15 years of continuous service".

2. The undisputed facts are that the first appellant joined service as PD teacher on 6.6.1985 and availed leave for the purpose of taking up employment abroad between 1.4.1998 to 31.5.2005. The first appellant rejoined duty on 1.6.2005 and was promoted as Headmaster and posted in a Lower Primary School by Ext.P2 order dated 24.8.2005. The second appellant joined service as PD teacher on 20.1.1986 and remained on leave without allowances between1.2.1994 to 30.1.1999 and from 30.3.1999 to 15.6.2003. The second appellant rejoined duty on 15.6.2003 and was also promoted as Headm













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