STATE OF KERALA Vs. ANISH. P.

JUDGEMENT

(1.) IMPUGNED in the Writ Appeal filed by the State, is the judgment of the learned Single Judge directing the appellant-State to convert the leave sanctioned to the 1st respondent/writ petitioner as one under Rule 91A of Part I of the Kerala State Rules (KSR). The 1st respondent was before the learned Single Judge challenging Exhibit P7 order passed by the Government, rejecting his application for modification of Exhibit P3 order, by which Leave Without Allowance was granted under Rule 88 of the KSR.

(2.) THE 1st respondent/writ petitioner, while working as Upper Primary School Assistant (for short "UPSA") in the 2nd respondent-school, applied for leave for pursuing higher studies, more specifically 'post-graduation in Computer Science'. The application, produced as Exhibit P1, though styled as one under Rule 91A Part I KSR, described the nature and period of leave applied for as "Leave Without Allowance for Two years from 05.09.2007 to 03.09.2009". The Government having considered the application, passed Exhibit P3 order granting "Leave Without Allowance" under Rule 88 Part I KSR and also specifically subject to the condition that the Leave Without Allowance will not count for increment, grade promotion, accumulation of Earned Leave or pension. The petitioner accepted Exhibit P3 order and proceeded on leave, completed the course and joined back for duty with approval from the authorities. The prayer for cancelling the unavailed Leave Without Allowance was also granted and the petitioner permitted to rejoin duty. Then, the petitioner raised the claim for modification of Exhibit P3 order to one under Rule 91A Part I KSR, which would entitle the consideration of the periods spent on leave to be treated as service for the purpose of increment, grade promotion and pension.

(3.) THE State challenges the said judgment on the ground that the facts are clearly distinguishable. It is submitted that the petitioner in the instant case was working as an UPSA and the post-graduate degree in Computer Science cannot be said to be of any benefit to the State, since the said subject is not included in the curriculum for the upper primary students and the post-graduate course cannot be said to be coming within the sphere of the duties of the UPSA.