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2010 Supreme(Ker) 784

K.T.SANKARAN
DEEPA S. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : P.T. Dinesh and M.H. Hanis.
For the Respondent: Nisha Bose (G.P.), Govind K. Bharathan (Sr.), Kunjhikannan and S.K. Madhu.

JUDGMENT :

K.T. Sankaran, J.

1. The question involved in this Writ Petition is whether the Headmaster or the Manager of an aided school can make a remark, in exercise of their jurisdiction to make remarks under Sub Rule (2) of Rule 58 of Chapter XIV A of the Kerala Education Rules, that leave without allowances for a period of 5 years sought for by a teacher should not be granted. The petitioner was working as High School Assistant at R.V. Union High School, Cherai, Ernakulam District. The school is a staff management school. The petitioner applied for leave without allowances to join her husband, who was working abroad, for a period of five years commencing from 11/6/1998 to 10/6/2003. The leave was granted for that period as per Exhibit P1 order passed by the Government. She again applied for extension of the leave for a further period of five years from 11/6/2003 to 10/6/2008, which was granted as per Exhibit P2 dated 2/7/2003. Before the expiry of the leave granted as per Exhibit P2, the petitioner submitted Exhibit P3 application dated 8/2/2008 for leave without allowance for five years from 11/6/2008 to 10/6/2013. The Manager issued Exhibit P7 dated 7/3/2008, which reads as fol












































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