JOSEKUTTY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are materially connected in respect of the order passed by the State Government declining extension of Leave without Allowance and the enquiry proceedings initiated against the petitioner consequent to declining leave and direction issued by the Government to the Manager to take disciplinary action against the petitioner. Therefore, I heard them together and propose to pass this common judgment.

(2.) As far as W.P.(C).No.5358/2017 is concerned, this writ petition is filed by the petitioner basically challenging Ext.P20 order passed by the State Government dated 05.11.2016, whereby, extension of Leave without Allowance sought for by the petitioner on and with effect from 01.01.2015 to 31.12.2019 was rejected by the Government, and for other consequential reliefs. Basic material facts for the disposal of the writ petition are as follows:

(3.) Petitioner was appointed as Higher Secondary School teacher on 16.09.2002. Petitioner applied for Leave without Allowance for a period of five years from 04.06.2010 to 31.12.2014, which was granted as per Ext.P1 order. On 25.07.2014, petitioner applied for extension of Leave without Allowance by submitting Ext.P2 application for a period of five years. Ext.P2 was returned by the Manager on 30.08.2014 along with Ext.P3 dated 30.08.2014 stating that, from 2012-2013 onwards, the Management had taken a policy not to recommend leave without allowance for more than five years during the tenure of service of an employee because of academic and administrative reasons, and therefore, the Corporate Manager has rejected and returned the application for extension of Leave without Allowance. It was accordingly stated that, the Principal is therefore unable to forward the application of the petitioner to the higher authorities for further action, and further directed the petitioner to rejoin duty on expiry of the present leave granted or to resign from the service, whichever is deemed fit.