IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 18 TH DAY OF FEBRUARY 2025/29TH MAGHA, 1946 WP(C) NO.5182 OF 2019 PETITIONER:

THE CORPORATE MANAGER OF CATHOLIC SCHOOLS, CATHOLIC CORPORATE MANAGEMENT KOLLAM, DIOCESE OF QUILON, BISHOP’S HOUSE, TANGASSERY.P.O, KOLLAM, PIN-691007.

BY ADVS.

JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENTS:

1 THE STATE OF KERALA REP- BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION(L)DEPARTMENT, GOVT.SECRETARIAT ANNEX, THIRUVANANTHAPURAM, PIN-695001.

2 THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695014.

3 THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, THEVALLY, KOLLAM, PIN-691013.

4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KOLLAM, PIN-691013.

5 SMT.MARY DOLLY, EIFFEL NEST, KANNANELLOOR.P.O, KOLLAM DISTRICT, PIN-691576.

6 THE HEADMISTRESS N S M GIRLS HS KOTTIYAM, KOTTIYAM.P.O, KOLLAM, PIN-691571.

BY ADVS.SRI.T.JAYAN, GOVERNMENT PLEADER SRI.M.V.THAMBAN SRI.K.S.BHARATHAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

18.02.2025, ALONG WITH WP(C)NO.24809 OF 2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 18 TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946 WP(C) NO.24809 OF 2019 PETITIONER: MARY DOLLY, AGED 55 YEARS, W/O. LAY BASTIN, UPPER PRIMARY SCHOOL TEACHER, NSM GIRLS HS, KOTTIYAM, KOTTIYAM (PO), KOLLAM PIN -691 571 (PRESENTLY KEPT OUT OF EMPLOYMENT ILLEGALLY) NOW RESIDING AT EIFFEL NEST, KANNANELLOOR (PO), KOLLAM DISTRICT.

BY ADVS.

M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM-695 014.

3 THE DEPUTY DIRECTOR OF (EDUCATION)

THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, THEVALLY, KOLLAM PIN-691 013

4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KOLLAM, PIN 691 013.

5 THE CORPORATE MANAGER OF CATHOLIC SCHOOLS, CATHOLIC CORPORATE MANAGEMENT, KOLLAM, DIOCESE OF QUILON, BISHOPS HOUSE, THANGASSERY (PO), KOLLAM, PIN-691 007.

6 THE HEADMISTRESS NSM GIRLS HS, KOTTIYAM, KOTTIYAM (PO), KOLLAM PIN-691 571.

BY ADVS.

SRI.T.JAYAN, GOVERNMENT PLEADER SRI.JOHN JOSEPH VETTIKAD SRI.K.S.BHARATHAN SRI.ABEL ANTONY SRI.C.JOSEPH JOHNY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

18.02.2025, ALONG WITH WP(C)NO.5182 OF 2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT ‘C.R.’

[WP(C) Nos.5182/2019, 24809/2019]

These connected writ petitions are filed by the Corporate Manager of an Aided School and a Teacher, who was working in the said school, with respect to the employment of the Teacher, her subsequent suspension and her later dismissal from service.

2. For ease of reference, the facts, as is available, in W.P.(C) No.5182 of 2019 are adopted.

The petitioner is the Corporate Manager of an Aided School. The 5^th respondent herein was working as an Upper Primary School Teacher (UPST) in the said school. The dispute is essentially with respect to two spells of leave applied for by the petitioner. As regards the first spell – from 16.07.2003 to 12.11.2003 – for a period of 120 days, there is no dispute. The 5^th respondent sought for the afore leave for going abroad, and the said leave was also sanctioned. The petitioner contends that after the leave period, the

5^th respondent was to rejoin from 13.11.2003, and since the 5^th respondent did not rejoin, proceedings were taken by informing the Manager, as evidenced by Ext.P1 letter dated 17.11.2003. On 01.12.2003, the Manager sent Ext.P2 communication to the 5^th respondent at her address, as noticed in Ext.P2, and the same has been returned by the postal authorities with the endorsement ‘left India.’ The proceedings continued by way of sending a ‘