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2010 Supreme(Ker) 792

C.T.RAVIKUMAR
Elsy P. Oomman – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: U. Balagangadharan
For the Respondent: Sandesh Raja, P.M. Benzir, G.G. Manoj, Joice Jacob, C. Pushpodaran

JUDGMENT :

C.T. Ravikumar, J.

The petitioner is an Upper Primary School Assistant in P.H.S Padagiri, at Palakkad. She had applied for Leave Without Allowances to join her spouse and same was granted as per Ext.P1. The same was extended from time to time, as is obvious from Exts.P2 to P6 orders. The leave thus availed by the petitioner was due to expire on 21.3.2010. Prior to the expiry of the leave without allowance granted as per Ext.P6 the petitioner had submitted Ext.P7 dated 11.3.2010. As per Ext.P7 the petitioner sought permission to rejoin duty. On receipt of Ext.P7 the 3rd respondent issued Ext.P8 letter dated 22.3.2010. to the 4th respondent whereby the 4th respondent was directed not to allow the petitioner to rejoin duty from 22.3.2010. It is also stated therein that disciplinary proceedings had already been initiated against the petitioner as she had left the school before obtaining sanction of leave. A further direction was issued thereunder to record the said matters in the attendance register. On receipt of Ext.P8, the petitioner had approached the second respondent through Ext.P9 dated 22.3.2010. In Ext.P9 the petitioner has specifically stated that Government have san















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