IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 15967 of 2009(M) --------------------------------- PETITIONER: -------------- KARTHIKA SUNDAR, AGED 22 YEARS, D/O.V.SYAMA SUNDARAN, PART-TIME SANSKRIT TEACHER, M.G.M. U.P. SCHOOL, EDAKODE, P.O.OORUPOIKA, (VIA) KIZHUVILAM, ATTINGAL. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM. 3. THE MANAGER, M.G.M. U.P. SCHOOL, P.O.OORUPOIKA, (VIA) KIZHUVILAM, ATTINGAL. 4. THE HEADMISTRESS, M.G.M. U.P. SCHOOL, P.O.OORUPOIKA, (VIA) KIZHUVILAM, ATTINGAL. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15967 OF 2009 --------------------------------------- Dated this the 16th day of June, 2009. J U D G M E N T The petitioner is aggrieved by Exhibit P7 order by which the Manager, after cancelling the probation, discharged her from service as part-time Sanskrit Teacher from the school. The petitioner was appointed in the school on 02.06.2008 as part- time Sanskrit Teacher. She had applied for leave without allowances from 10.12.2008 to 19.12.2008 with a medical certificate issued by the Government Medical Officer before the Headmistress. The leave was not sanctioned by the Headmistress but the Headmistress forwarded the leave application to the Manager without sanctioning it. Actually it was for the Headmistress to sanction the leave. 2. Again the petitioner was laid up from 08.01.2009. Hence she applied for leave from 08.01.2009 with a medical certificate from the Government Hospital. Exhibits P2 and P3 W.P.(C) No.15967/2009 2 produced herein are the copies of the leave application and the medical certificate. The said application was also forwarded to the Manager by the Headmistress. The petitioner was allowed to rejoin duty by the Headmistress on 02.02.2009. The Manager sought explanation from the petitioner regarding the frequency of leave as per memo dated 17.02.2009 to which the petitioner had submitted Exhibit P6 explanation. 3. Presently, the petitioner has approached the Assistant Educational Officer by way of Exhibit P8. It is contended by the petitioner that going by Rule 6(c) of Chapter XIV-A of Kerala Education Rules, the Manager is duty bound to seek approval of the Educational Officer to terminate the probation and discharge of the Teacher from service. That had not been complied with in the case of the petitioner. Heard the learned Government Pleader appearing for respondents 1 and 2. Since Exhibit P8 is pending before the Assistant Educational Officer, there will be a direction to the 2nd respondent to consider and pass orders on Exhibit P8, after hearing the petitioner and respondents 3 and 4, within a period W.P.(C) No.15967/2009 3 of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp