STATE OF KERALA Vs. LALI

JUDGEMENT

(1.) This Writ Appeal is filed by the State challenging judgment of the learned Single Judge declaring eligibility of 1st Respondent for counting her leave period during service as a substitute teacher in a leave vacancy for the purpose of higher grade, under Government Orders.

(2.) We have heard learned Government Pleader appearing for the Appellants and learned Counsel appearing for the Respondents.

(3.) A regular teacher in the second Respondent School took leave for five years giving rise to a leave vacancy. The 1st Respondent, who was in an advanced stage of pregnancy, was appointed by the Manager in the leave vacancy on 15.7.1999 for a period up to 21.6.2003. However on the very next day, the 1st Respondent applied for and obtained two months' medical leave. Even though she reported for duty after availing two months' medical leave, within two weeks thereafter she was granted maternity leave for four months, which was also availed of by the 1st Respondent. It is stated that on 12.2.2000, the 1st Respondent rejoined the school in the leave vacancy. In other words, in the course of the first six months' service in the leave vacancy the 1st Respondent had served only less than 15 days in the School. A regular vacancy arose on 4.9.2002 and by virtue of the priority claim under Rule 51A, the 1st Respondent was appointed to that post. There is no dispute that the 1st Respondent is entitled to reckon the period of her service in the leave vacancy for the purpose of probation and even for getting higher grade. However, the question is whether the period during which she was on medical leave and on maternity leave also should be counted for granting higher grade and increments, in terms of Rule 61(5) of Chapter XIV A of Kerala Education Rules. Rule 61(5) of Chapter XIV A of KER reads as follows: