Aided school teachers may be terminated for long leave of 5 years if they do not rejoin

Representational Image | Photo: Mathrubhumi| NN Sajeevan

Kochi: Kerala High Court, while considering a petition filed over termination of a school teacher in an aided school in Malappuram, has made it clear that aided school teachers who don’t rejoin service after continuous absence of 5 years will be terminated.

Division Bench consisting of Justices AK Jayashankaran Nambiar and SP Muhammed Niyas observed that aided school teachers who are stretching their leaves for more than five years will be terminated based on Kerala Education Act & Rules( KER) 56(4). With this, the Bench has pointed out that though KER are common to both government and aided school teachers, the long leave cannot be allowed for more than five years for aided school teachers.

The High Court was considering the petition filed by a teacher named Shaji P Joseph at AMLS school in Malappuram. Shaji in 2005 took leave for five years and moved to UK. In 2010, the leave was extended to another five years. But in 2015 when he requested leave for another five years, the manager of the school rejected his request. Shaji then approached the court. His counsel batted that 20 year-leave for government school teachers should be applicable for aided school teachers too. The counsel argued that the School Manager is supposed to accept the request. However, the court rejected that argument and acknowledged the Manager’s stance.

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