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ALEYAMMA SEBASTIAN versus THE ASSISTANT EDUCATIONAL OFFICER

High Court of Kerala

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ALEYAMMA SEBASTIAN v. THE ASSISTANT EDUCATIONAL OFFICER - WA No. 388 of 2007 [2007] RD-KL 3407 (15 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 388 of 2007()

1. ALEYAMMA SEBASTIAN,
... Petitioner

Vs

1. THE ASSISTANT EDUCATIONAL OFFICER,
... Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

For Petitioner :SMT.P.V.ASHA

For Respondent : No Appearance

The Hon'ble MR. Justice K.A.ABDUL GAFOOR The Hon'ble MR. Justice ANTONY DOMINIC

Dated :15/02/2007

O R D E R

K.A.ABDUL GAFOOR & ANTONY DOMINIC, JJ.

W.A.NO.388 OF 2007

Dated this the 15 th day of February, 2007.



J U D G M E N T

Abdul Gafoor, J.

It is true that in Ext.P1 judgment the appellant/writ petitioner was found to be entitled for the post of Headmistress with retrospective effect from 1.4.1988 with consequential benefits of Salary and other benefits. All except the leave surrender allowances at the time of retirement were granted. Leave surrender is applicable only to those who are entitled to earned leave, up to a maximum of 300 days. She had 156 days of earned leave to her credit. It is submitted that she earned leave only to that extent, while she was in actual and physical functioning as a Head Mistress. During the other period, during which she had been retrospectively given the benefits, she was only working as an Assistant Teacher. She availed vacation. As per the rules teachers who availed vacation, will not be entitled to earned leave. That she is entitled to get benefits with W.A.NO.388 OF 2007 2 retrospective effect will not enable her to get earned leave credited for a period during which she had admittedly enjoyed vacation. If allowed, it will be a double benefit. So we find no reason for interference. Writ Appeal is dismissed. K.A.ABDUL GAFOOR

JUDGE.

ANTONY DOMINIC

JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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