EMILY T V Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner impugns Ext.P4 order issued by the Government, as per which, the period during 16.6.2007 to 29.3.2009 has been treated as 'non duty'. Her assertions in this writ petition is that she is a protected Lower Grade teacher in Sanskrit and that she was deployed to Govt.Upper Primary School, Pazhayavituthy on 16.11.2005. She says that she was suffering from multi-nodular goiter, for which she had to undergo surgery for removal of the thyroid glands in the year 1983.

(2.) According to her, in September 2000, she had to undergo a further Thyroidectomy which created complications, which resulted in the loss of the power of her body to produce calcium leading to loss of motor control and tetanus like conditions. The petitioner says that on account of such debilitating physical constrains, she applied for half pay leave from 15.6.2006 and thereafter entered leave without allowance from 15.6.2006 to 15.6.2007.

(3.) According to her, while she was on leave thus, she was illegally relieved from the Govt.U.P.School Pazhayavituthy w.e.f. 5.6.2006 with a direction to join a new school, by name Sree Narayana Upper Primary School, Pothinkandam. As per her, this action of the authorities was illegal because she had, in fact, worked in the Government Upper Primary School, Pazhayavituthy till 9.6.2006 and also because the order relieving her was issued without considering her physical condition.