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2023 Supreme(Ker) 504

VIJU ABRAHAM
Sreelatha P. T. , W/o. Muraleedharan K. P. – Appellant
Versus
State of Kerala, Represented by the Principal Secretary to Govt. General Education Department, Govt. Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Murali Pallath.
For the Respondent: M. Sasindran, Sr. GP - Sunilkumar Kuriakose.

JUDGMENT :

The above writ petition is filed seeking a direction to the 6th and the 7th respondents to admit the petitioner to duty at once. The petitioner has also sought other consequential reliefs.

The brief facts necessary for the disposal of the writ petition are as follows:

2. The petitioner is employed as Lower Primary School Teacher in Saraswathi Vilasam Upper Primary School, Muthathy, an aided school under the management of the 7th respondent. The petitioner was granted Leave Without Allowances (LWA) for the period from 10.06.2014 to 09.06.2018 to join the spouse within India, as per Ext.P1 Government Order. The petitioner relying on relevant rules in Appendix XII C Part I KSR, sought for extension of LWA for a further period of 5 years from 10.06.2018 to 09.06.2023. There was no response on the part of the 7th respondent. As there was no approved Manager or approved Headmaster at that point in time, she submitted an application for extension of leave before the 5th respondent. The 5th respondent returned the petitioner’s application for extension of leave, noting certain defects. Thereupon, the petitioner submitted Ext.P2 letter before the 2nd respondent seeking extension of

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