IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 9378 of 2010(V) ------------------------- PETITIONER(S): --------------- S.SUMITHRA,D/O.R.CHANDRAN PILLAI, VISHU BHAVAN,PAVUMBA, KARUNAGAPPALLY, KOLLAM, (LPSA, KIZHAKKEN OTHERA LOWER PRIMARY SCHOOL, KIZHKKEN OTHERA,THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCAITON, GOVERNMENT SECRETARIT, THIRUVANANTHAPURAM. 2. ASSISTATN EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCAITONAL OFFICER, PULLAD, THIRUVALLA. 3. MANAGER,KIZHAKKEN OTHERA LOWER PRIMARY SCHOOL,OTHERA P.O.,THIRUVALLA. BY GOVERNMENT PLEADER SMT.NISHA BOSE FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:-COPY OF ORDER OF APPOINTMENT DTD.5.6.06 ISSUED BY R3 AND THE ORDER OF APPROVAL DTD.10.8.06 ENDORSED ON THE SAME ISSUED BY R2. EXT.P2:- COPY OF ORDER DTD.1.4.2007 ISSUED BY R3 AND THE ORDER OF APPROVAL OF R2 ENDORSED ON THE SAME. EXT.P3:- COPY OF GO(MS) NO.275/99/G.Edn. DTD.9.11.1999 EXT.P4:- COPY OF ORDER DTD.1.6.2007 ISSUED BY R3. EXT.P5:- COPY OF ORDER DTD.15.7.09 PASSED BY R1. EXT.P6:- COPY OF ORDER OF GOVERNMENT ORDER BEARING GO(Rt) NO.4620/03/GE DTD.12.11.2003 EXT.P7:- COPY OF COMMUNICATION BEARING NO.B/2499/2009 DTD.10.8.09 ISSUED BY R2. EXT.P8:- COPY OF REPRESENTATION DTD.15.2.2010 SUBMITTED BY PETITIONER BEFORE R1. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.9378 OF 2010 ------------------------------ Dated this the 22 nd day of September, 2010 JUDGMENT Though the petitioner has stated in the Writ Petition the circumstances in which she was appointed in leave vacancy and thereafter shifted to a regular vacancy and the non-approval of the same as per Ext.P5, it is not necessary to narrate the details and consider the same. The petitioner was appointed as Lower Primary School Assistant (LPSA) with effect from 5.6.2006 to 3.9.2008 in a leave vacancy which occurred in Kizhakken Othera LP School. One Smt.Paravathy G.Nair, LPSA availed leave without allowance for that period. It would appear that there are certain irregularities in the application and application was returned. 2. The petitioner submitted a detailed representation to the first respondent (Ext.P8 dated 15.2.2010) praying to pass final orders on the application for extension of leave submitted by Parvathy G.Nair so as to enable the petitioner, who W.P.(C).No.9378 OF 2010 2 is working in the leave vacancy to draw the salary and allowances without further delay. Ext.P8 is pending disposal before the first respondent. 3. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to consider and pass final orders on the long leave without allowance application for extension of period of leave from 4/9/2008 onwards to 3/9/2013 submitted by Smt.Parvathy G.Nair LPSA (on leave) covered by Ext.P7 communication in accordance with law, so as to enable the petitioner who is working in the said leave vacancy, to draw salary and allowances, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or other appropriate writ or order directing respondent No.1 to consider and pass final orders on Ext.P8 representation within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iii) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 4. In the facts and circumstances of the case, there will be a direction to the first respondent to consider and pass final orders on Ext.P8 representation submitted by the petitioner. If the W.P.(C).No.9378 OF 2010 3 application submitted by Parvathy G.Nair is otherwise in order, the same shall also be liable to be considered by the first respondent. The first respondent shall pass appropriate orders as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, the Manager and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. The Writ Petition is disposed of accordingly. K.T.SANKARAN, JUDGE. cms