IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37827 of 2008(C)
1. C.C.GEORGE
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/12/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 37827 OF 2008 (C)
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Dated this the 19th day of December, 2008
J U D G M E N T
Petitioner had availed of leave without allowance for study purpose
for 296 days from 7/6/01 to 29/3/2002. Ext.P1 is an order sanctioning the
leave. It is stated that benefit of pay revision was granted to the
petitioner counting the aforesaid period also. However, the AEO by Ext.P3
order, informed the Headmaster that the leave without allowance period
is not liable to be reckoned. Thereupon the petitioner moved the
authorities and Ext.P6 is the final order that is passed by the Deputy
Director confirming Exts.P3 and P4, issued by the AEO. It is in these
circumstances, the writ petition is filed.
2. Since the period of the leave pertains to 2001-02, the issue is
squarely covered in favour of the petitioner as is seen from Ext.P7
judgment. The reasoning is that the 3rd proviso to Rule 33B(2) was
deleted only w.e.f. 11/5/2005. If that be so, petitioner is entitled to
reckon the aforesaid period for increment purposes as was originally done.
In view of this, the writ petition will stand disposed of quashing
Exts.P3, P4 and P6 and directing the authorities that the period covered by
WPC 37827/08
:2 :
leave without allowance referred to above shall be reckoned for increment
purposes.
ANTONY DOMINIC, JUDGE
Rp