IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31260 of 2011(F) --------------------------------------- PETITIONER(S): ------------------------ JAYAPRAKAS T.K, NON- VOCATIONAL TEACHER (ENGLISH) GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, NENMARA, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA, SRI.M.SAJJAD. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY SCHOOL THIRUVANANTHAPURAM- 695 001. 3. THE PRINCIPAL GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL NENMARA, PALAKKAD DISTRICT- 678 508. BY GOVT. PLEADER MR.M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 31260 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.E4/11100/2000 OF THE DIRECTOR. EXT.P2 TRUE COPY OF THE LEAVE APPLICATION OF THE PETITIONER. EXT.P3 TRUE COPY OF THE FORWARDING LETTER OF THE PRINCIPAL. EXT.P4 TRUE COPY OF THE COURSE CERTIFICATE ISSUED BY THE PRINCIPAL. EXT.P5 TRUE COPY OF THE MEMO OF CHARGE NO.E7/10709/11 OF THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION ALONG WITH STATEMENT OF ALLEGATIONS. EXT.P6 TRUE COPY OF THE EXPLANATION OF THE PETITIONER. EXT.P7 TRUE COPY OF THE GO (RT) NO.2977/2011/G. EDN. OF THE GOVERNMENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31260/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of November, 2011 J U D G M E N T The petitioner herein is working as Non-vocational Teacher in Government Vocational Higher Secondary School, Nenmara. While working as such he got admission for M.Ed. course at N.S.S.Training College, Ottappalam on 13/09/2010. He submitted an application for Leave Without Allowances for study purpose as per Ext.P2. It was forwarded by the Principal to the Government as evident from Ext.P3. It is submitted that so far, no orders are passed on the same. 2. After completing the course, he has rejoined duty also. According to the information of the petitioner, Ext.P2 has not been forwarded from the office of the Director of Vocational Higher Secondary Education to the Government. In the meanwhile, the petitioner has received a charge memo from the Director stating that he is unauthorisedly absent from duty without getting sanction of leave from the department. He has submitted a detailed explanation as per Ext.P6. W.P.(C). No.31260/2011 -:2:- Ext.P7 is an order in respect of identically situated persons wherein leave has been sanctioned. 3. The petitioner apprehends that before the Government passes any order on Ext.P2, the disciplinary action will be finalised by the Director. 4. The petitioner seeks for an early decision by the Government on Ext.P2 application. There will be a direction to the Government to take a decision on Ext.P2 application which has been forwarded by Ext.P3 communication by the Principal, after calling for the same from the office of the second respondent and appropriate decision will be taken within a period of three months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms