ANIJA ANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) Nos.16212/2022 and 32298/2024 have been filed by a UPST retired from services of the Pattiyamma AUP School, Karivelloor, Kannur. W.P.(C) No.37306/2022 has been filed by the Manager of the School. The parties and Exhibits in these writ petitions are referred to as they are described/produced in W.P.(C) No.16212/2022, for convenience.

(2.) In W.P.(C) No.16212/2022, the petitionerTeacher stated that she has been working as UPST in the School managed by the 5th respondent since 24/9/2003. The daughter of the petitioner and her husband are working in Germany. In order to take care of grandchildren, the petitioner applied for leave from 1/6/2022 to 17/8/2022 (78 days). The 4th respondent-Headmaster refused to sanction leave holding that the petitioner has not produced Certificate from the 5th respondent-Manager regarding pendency of Disciplinary Proceedings.

(3.) The petitioner states that as per Exts.P2 and P3 orders, the Government has recognised the rights of the employees to visit their children abroad for which leave can be sanctioned upto six months. Sanction of Government is necessary only if the leave period is above four months. Refusal to grant 78 days leave applied for by the petitioner, for non-production of Certificate regarding pendency of disciplinary proceedings is illegal, unwarranted and unjustified, contends the petitioner.