C. KUNAMALLIKA Vs. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner seeks a direction to the respondents to permit her to avail the entire Special Causal Leave which was available to her for the period from 1995 to 2010 on the ground that she was unaware of the provisions contained in Rule 16A in Appendix VII of Part I of KSR.

(2.) Petitioner is an Assistant Engineer having 45% disability, working in the KSEBL. Adding to the disability, she sustained a fracture in an accident in October, 2017. She had to avail leave for a number of days for the purpose of treatment for the same. Therefore, petitioner points out that being a physically handicapped employee, she is eligible for Special Causal Leave as provided in Appendix VII for 15 days per hour; in case the entire leave for all these years could be availed with retrospective effect from 1995 onwards, she would be able to draw the salary on the days on which she was absent, beyond the admissible leave for the current year.

(3.) According to her, Casual Leave does not lapse and Special Causal Leave also does not lapse; it is a benefit conferred on disabled persons, therefore, the disabled persons can avail such Casual Leave at any time during their service career; in other words, it can be carried forward to the convenience of the employee.