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2025 Supreme(Online)(KER) 7868

HIGH COURT OF KERALA
A. Muhamed Mustaque, P. Krishna Kumar, JJ
DR.ARUVI T.P. – Appellant
Versus
ADDITIONAL CHIEF SECRETARY – Respondent


Advocates:
P.C.SASIDHARAN

ORDER

P. Krishna Kumar, J.

This review petition is preferred against the judgment passed by this court on 12.3.2019 in O.P. (KAT)No.101/2019. In the said judgment, this court found that the review petitioner, who availed leave without allowance for study purposes under Appendix XIIB, Part I of the Kerala Service Rules (‘KSR’, for short) before completion of her probation, is not eligible for getting increments during the leave period, despite the issuance of Annexure A5 Government Order. In paragraph 2 of the judgment, the court further observed that leave without allowance as per Rule 91A of Part I of KSR can be granted only to those officers who have completed five years of service while entering on leave and that Ext.P4 judgment in W.A.No.1978/2006 could not be cited as a precedent in favour of the petitioner as there is nothing in the said judgment to show that the case under consideration was in respect of availing of leave without allowance before completing probation.

2. In the present review petition it is contended that the observation made by this court in paragraph 2 suffers an error apparent on the face of the record. Some of the grounds raised by the petitioner are quot

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