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2021 Supreme(Ker) 36

S. MANIKUMAR, SHAJI P. CHALY
G. Balagopalan – Appellant
Versus
State of Kerala, Represented by The Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Sajith Kumar V., Sri.Akhil.T.S., Sri.Godwin Joseph, Sri.A.V.Vivek, Smt. Aparna Chandran, Advs.
For the Respondent: Sri. P. Narayanan, Senior Govt. Pleader, Shri P. Vijayakumar, ASG OF INDIA

JUDGMENT :

S. Manikumar, J.

Petitioner, a practicing advocate, has filed the instant public interest writ petition challenging G.O.(P) No.1/2019/GAD dated 31.01.2019, whereby permission was accorded to grant eligible/casual leave to the Government employees and teachers, who had not attended duties during nation-wide general strike. He has sought for the following reliefs:

    (i). “To issue a writ of certiorari or other appropriate writ, order or direction, quashing Exhibit-P1 Order-G.O(P) No.1/2019/GAD dated 31.01.2019.

(ii). To declare that permitting casual leave or other eligible leave to the State Government employees and teachers and to disburse salary after absenting from service of general strike against the Central Government is illegal and unconstitutional.

(iii). To issue a writ of mandamus or other appropriate writ, order or direction, commanding the respondents 1 to 3 to not to extend any kind of leave to the employees and teachers, who took part in the general strike by absenting themselves from duties by the issuance of Exhibit-P1 or other similar orders.”

2. Facts leading to the filing the writ petition are that, petitioner, a retired Director of Police, Finger Print Bureau

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