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2025 DAILYLAW 4341 (KER)

P.B.WILSON v. STATE OF KERALA

WA/650/2025 · 2025-04-04

A Muhamed Mustaque, P Krishna Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WA No.650 of 2025 1 2025:KER:28913 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WA NO. 650 OF 2025 AGAINST THE JUDGMENT DATED IN WP(C) NO.36285 OF 2017 OF HIGH COURT OF KERALA APPELLANT/PETITIONER: P.B.WILSON, AGED 56 YEARS S/O.BENJAMIN, PEON, ST.FRANCIS ASSISI HIGH SCHOOL, ARTHUNKAL, CHERTHALA, ALAPPUZHA., PIN - 688530 BY ADVS. V.N.SANKARJEE R.UDAYA JYOTHI V.N.MADHUSUDANAN KEERTHI B. CHANDRAN M.M.VINOD M.SUSEELA VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR SINEESH K.M. SHILPA P.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 WA No.650 of 2025 2 2025:KER:28913 2 THE DISTRICT EDUCATION OFFICER CHERTHALA, ALAPPUZHA., PIN - 688524 3 THE CORPORATE MANAGER CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF ALLEPPEY, PB.NO.404, ALAPPUZHA., PIN - 688001 4 THE HEAD MASTER ST.FRANCIS ASSISI HIGH SCHOOL, ARTHUNKAL, CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688530 SRI.SUNILKUMAR KURIAKOSE, GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA No.650 of 2025 3 2025:KER:28913 A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ --------------------------------------------------------- WA No. 650 of 2025 ---------------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT A.Muhamed Mustaque.J The Government took a humanitarian approach in considering the long absence of the appellant and treated the period of absence as non-duty. The period of absence is also referred to in the impugned judgment. The petitioner now wants to have the said period reckoned for pensionary benefits. The learned Single Judge considered the matter and found that the appellant had remained absent without proper sanction of leave. If a Government servant or an employee in an aided school remains absent unauthorizedly without obtaining prior sanction, such a person cannot take advantage of that absence for the purpose of reckoning the period for pensionary benefits. We find absolutely no scope for interference in this matter. Accordingly, the writ appeal is dismissed. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- P.KRISHNA KUMAR, JUDGE dlk/4.4.