JUDGMENT :

A.K. Jayasankaran Nambiar, J.

This Writ Petition is before us pursuant to the Reference Order dated 10.02.2016 of the learned Single Judge. The issue referred to us concerns the interpretation to be placed on Rule 56 (4) of Chapter XIVA of the Kerala Education Rules (hereinafter referred to as the 'KER') in the light of the provisions of the Kerala Service Rules (hereinafter referred to as the 'KSR') that are made applicable to teachers of aided schools through Rule 56 (1) of Chapter XIVA KER. The essential question is whether, notwithstanding the provisions of the KSR, which enable a teacher in a Government school to avail leave without allowance for a continuous period up to 20 years (subsequently amended to make it 5 years vide G.O.(P).No.152/2020/Fin. dated 05.11.2020), the teachers in private aided schools could be prevented from availing leave for more than 5 years without affecting their continuance in service. A learned single Judge differed with the view taken by another learned Single Judge in the decision reported in Deepa S v. State of Kerala and Others [2010 (4) KHC 820] and referred the matter for consideration by a Division Bench.

2. The brief facts in the pr