Kochi: The Kerala High Court ruled that the aided school teachers who do not show up to work after five consecutive years of leave will lose their jobs. The division bench comprising Justice K Jayasankaran Nambiar and Justice CP Mohammad Niaz has made it clear that if the leave extends beyond five years, the service may be terminated. The verdict is based on Rule 56 of the KER. The judgement was made in the petition filed by Shaji P Joseph, a native of Ernakulam, who retired from Malappuram Chengottur A.M.L.S.
The Division Bench pointed out that although the Kerala Education Act is applicable to both government and private aided teachers, in the case of long leave, aided teachers cannot be allowed to take leave for more than five years. The court also pointed out that the rule is also applicable to private aided teachers and the manager will have no obligation to keep that post vacant in the event of failure to return to work after the leave.
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