IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 15027 of 2011(C) -------------------------- PETITIONER(S): --------------- ABIDA M.M., AGED 41 YEARS, W/O. SAGEER, HIGH SCHOOL ASSISTANT (MATHEMATICS), GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KALPAKAMCHERI, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): -------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15027/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of June, 2011 J U D G M E N T The petitioner is aggrieved by the conditions provided in Ext.P1. As per Ext.P1, she was sanctioned leave without allowance for the period from 14/07/2006 to 30/03/2008 under Rule 88 of Part-I Kerala Service Rules, subject to the condition that leave period will not count for increment, grade, promotion, accumulation of earned leave or pension. It is pointed out that she ought to have been granted leave without allowance by invoking Rule 91A of Part-I K.S.R. 2. The petitioner has got a case that vast majority of the leave applications have been sanctioned under Rule 91A of Part-I K.S.R and a copy of one of the orders is produced as Ext.P3 which is of the same school also. 3. The petitioner is relying upon Ext.P4 Judgment of this Court, in a similar case, wherein the entitlement of leave under Rule 91A of Part-I K.S.R was upheld by this Court. Seeking for reconsideration of W.P.(C). No.15027/2011 -:2:- the matter, the petitioner has filed Ext.P5 representation before the Government. The same is dated 27/05/2011. It is prayed that the Government may be directed to reconsider the matter in the light of Ext.P4 Judgment. 4. In the above circumstances, there will be a direction to the Government to consider Ext.P5 representation after hearing the petitioner within five months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE