M.SURYAKALA Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) Heard Sri M.Ramgopal Rao, represented by Sri Nagaraju, learned counsel for the petitioner and learned Government Pleader for Education represented by Mrs.Kanya Kumari, Assistant Government Pleader (Services-I).

(2.) This writ petition is filed by the petitioner under Article 226 of the Constitution of India against the proceedings dtd. 20/11/2020, issued by the 3rd respondent, wherein the 1st respondent herein was directed to sanction eligible leave in respect of the petitioner for her overstay at Malaysia due to Covid-19 pandemic for the period from 21/4/2020 to 28/10/2020 instead of treating the said period as on duty on par with the others who did not discharge their duties within the country during the Covid-19 pandemic for all the purposes like payment of salary, increments and other attendant benefits.

(3.) The case of the petitioner is that she was initially appointed as Secondary Grade Teacher in the year 1983 and thereafter she was promoted as School Assistant on 1/11/1997 and also got promoted as P.G.H.M.Gr.II on 25/9/2013 and completed unblemished services for 37 years. Further, after obtaining necessary sanction for leave for the period from 24/2/2020 to 20/4/2020 vide L.Dis.No.155/Sec.III-1/2020, dtd. 5/2/2020, the petitioner went to Malaysia for her daughter's delivery with a view to return back to India on 21/4/2020. But due to the sudden spread of Covid pandemic and consequent lockdown in Malaysia and India and due to travel restrictions, the petitioner could not come back to India in time and informed the same vide letter dtd. 13/4/2020 to the 1st and 3rd respondents and sought for extension of her leave and later joined the duty on 29/10/2020. In the absence of getting extension of leave, disciplinary proceedings were initiated against the petitioner for her unauthorized absence to the duties in terms of CCA Rules, 1991.