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2024 Supreme(Online)(KER) 35313

HIGH COURT OF KERALA
Murali Purushothaman, J
RACHEL MATHAI – Appellant
Versus
KERALA STATE ELECTRICITY BOARD LIMITED – Respondent


Advocates:
MOHAMMED RAZALI K.A, MUHAMMED SAFEER A., KURIAN MAXIE, RAHUL S., RESHMI U.N.

JUDGMENT

The petitioner joined the service of the Kerala State Electricity Board on 23.11.1992. She applied for leave without allowance for 5 years for joining spouse who was employed abroad. Ext.P1 is the order of the Chief Engineer(HRM), the 2nd respondent, sanctioning leave without allowance under Appendix XII C of Part I KSR. Pursuant to Ext.P1, she went to Kuwait to join her spouse. Before the expiry of the period of leave specified in Ext.P1, the petitioner approached the Board for extension of leave without allowance for another five years. The same was rejected by the 2nd respondent by Ext.P2 communication dated 06.10.2010 and she was asked to report for duty within 15 days of receipt of Ext.P2, failing which her service will be terminated with immediate effect. The petitioner did not join duty pursuant to Ext.P2 due to the educational needs of her children. Later, by Ext.P3 proceedings dated 10.05.2011 of the 2nd respondent, the petitioner was terminated from the service of the Board with effect from 01.08.2010. From Ext.P3, it can be seen that, before termination, the petitioner was issued with a show cause notice dated 08.01.2011 which was returned with the endorsement ‘u

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