K.A. RAJEENA, H.S.S.T. JUNIOR (COMMERCE) Vs. STATE OF KERALA AND THE DIRECTOR OF HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioner was working as HSST (Junior) in Commerce in Tarbiyath Trust Higher Secondary School, Kuvamkara, Muvattupuzha. It is stated that the petitioner was initially appointed as HSST in the School on 1.2.2001 and she continued there till 29.12.2002. The petitioner was not having SET qualification at the time of appointment. After acquiring SET qualification, the petitioner was re -appointed as HSST (Junior) on 30.12.2002. The appointment was approved by the Director of Higher Secondary Education for the period from 30.12.2002 to 29.12.2007, as per Ext.P1 order dated 29.4.2003. Ext.P1 order was passed subject to the following:

(2.) IT is stated that B.Ed. in Commerce was not offered by any university in Kerala till 2004. In compliance with the stipulation in Ext.P1, the petitioner applied for Leave Without Allowance from 3.6.2004 to 31.5.2005 for undergoing B.Ed. Course. Leave was granted by Ext.P2 order dated 26.9.2005. Ext.P2 stipulates that the leave period will not count for any service benefits including pension. The petitioner had completed B.Ed. and she continued in service as HSST. Her probation was declared with effect from 28.12.2005.

(3.) EXT .P4 audit enquiry report dated 29.2.2008 also shows the following: