IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 24328 of 2007(U) --------------------------------------- PETITIONER: ------------------- K.SREELATHA, HIGH SCHOOL ASSISTANT (HINDI), B.E.M.HIGH SCHOOL, KASARAGODE. BY ADV. SRI.V.RAJENDRAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARAIT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHOMBALA, KOZHIKODE DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.T. MOHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24328/2007-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 13/08/2004 FROM THE GOVERNMENT T.T.I. RAMAVARMAPURAM. EXT.P.2: COPY OF THE PROCEEDINGS DTD. 30/03/2005 OF THE CORPORATE MANAGER. EXT.P.3: COPY OF THE GOVT. ORDER IN G.O. (RT).NO.1386/07/G. EDN. DTD. 27/03/2007. EXT.P.4: COPY OF THE GOVERNMENT ORDER DTD.10/08/2007. EXT.P.5: COPY OF THE APPLICATION DTD. 31/03/2004 FOR LEAVE SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.24328/2007 ----------------------------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT Petitioner was working as a Full Time Menial since 11.11.1998 in the B.E.M High School, Kasaragod. She became a Peon with effect from 18.9.2001. While continuing so, she applied for admission to the Language Teachers Training Course in the quota that is ear-marked for non- teaching staff with 5 years service. Petitioner submits that, by communication dated 9.6.2004, she was informed that she was selected for admission. In the meanwhile, on 8.6.2000 the petitioner was temporarily promoted as a Part Time Hindi Teacher. 2. On getting selected for B. Ed as above, she was relieved from the school on 26.6.2004 and she completed the training on 31.3.2005. She had applied for leave Wp(c).No.24328/2007 2 without allowance under Rule 91 of Part-I KSR. However, by Ext.P3 she was sanctioned leave for the aforesaid period, under Appendix XII-B of Part-I KSR. It is there upon that this writ petition has been filed praying to quash Ext.P3, to the extent it imposed conditions under Appendix XII-B of Part I KSR and to direct the respondent to sanction the leave application, without adversely affecting her service benefits. 3. A counter affidavit has been filed by the respondents. According to them, petitioner was not eligible for leave under Rule 88 or 91 Part-I KSR. It is stated that at the commencement of the leave she had not completed 3 years continuous service and therefore she could be granted leave only under Appendix XII-B. 4. I heard the counsel for the petitioner and also the learned Government Pleader. Ext.P5 is the application for leave duly counter signed by the AEO. Going by this, petitioner claims regular service for 5 years and 4 months. Wp(c).No.24328/2007 3 It is on that basis that she applied for leave under rule 91 Part I KSR. The petitioner having service of more than 2 years, was eligible for leave as contemplated under Rule 91 Part-I KSR. If that be so, there is no reason for making the leave granted under Appendix XII-B Chapter-I KSR. Learned Government Pleader however contends that Rule 91 is inapplicable in as much as the Note does not apply to the case of the petitioner. 5. I am not in a position to accept this contention of the Government Pleader. The note provides that, the term `superior qualification' provided in rule 91 will take within its fold acquisition of qualification which will improve the prospects of the Government servant in the service. In this case, the petitioner while working as a part time Hindi Teacher had secured admission for Language Teacher Training Course and on that basis she has now got promotion as HSA. Therefore, obviously, the course undertaken by the petitioner has improved her prospects in Wp(c).No.24328/2007 4 the service. In my view, the request made in Ext.P5 is fully covered by Rule 91 Part-I KSR and the grant of leave under Appendix XII-B of Part-I KSR is erroneous. 6. Therefore Ext.P3 to the extent it grant leave under Appendix XII-B of Chapter-I KSR deserves to be set aside and I do so. The respondents are directed to grant the petitioner's application for leave from 26.6.2004 to 31.3.2005 without imposing conditions under Appendix XII- B of Part-I KSR. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. Wp(c).No.24328/2007 5