High CourtsSingle Bench(2011) 06 KL CK 0219

P. Padmadaya vs State of Kerala, The Director and The Project Officer

High Court Of Kerala · Decided on 1 June 2011

HON’BLE JUDGES
S. Siri Jagan, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) . No. 34614 of 2008 (U)

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Judgment

7 paragraphs · 250 words

S. Siri Jagan, J.—The Petitioner was appointed as Supervisor, ICDS Project, Payyannur. After joining duty, she took leave on medical grounds for long spells, one of which went beyond 3 months. The Petitioner''s application for leave was ultimately rejected. The Petitioner filed W.P (C) No. 15304/2008, in which, this Court directed the Petitioner to submit a representation to the Government requesting relaxation of the provisions of Rules 66 and 88 of Part I of K.S.R and directed the Government to consider the same. The Petitioner submitted Ext. P7 representation, which was rejected by Ext. P8 order on the ground that contract employees are not entitled to leave without allowances. The Petitioner challenges Exts.P5 and P8 seeking the following reliefs:

i. Issue a writ of certiorari quashing/setting aside Exts.P5 and P8 orders.

ii. Issue a writ of mandamus to the 1st Respondent to pass fresh orders on Ext. P7 representation with due consideration of the directions in Ext. P6 judgment.

iii. Issue a writ of certiorari quashing the termination of service of the Petitioner.

iv. Issue a writ of mandamus to the 2nd Respondent to reinstate the Petitioner in service with all service benefits.

2.

I have heard the learned Government Pleader also.

3.

It is settled law that contract employees are not entitled to any leave other than what has been provided for in Appendix VIII of Part I of K.S.R. In the above circumstances, I do not find any infirmity in the impugned orders. Accordingly, writ petition is dismissed.