IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34480 of 2009(D) -------------------------- PETITIONER(S): --------------- M.RAJAN, AGED 50 YEARS, S/O.KANARAN, P.D.TEACHER, MALOL HOUSE, MANIYOOR, VIA.PAYYOLY, KOZHIKODE DISTRICT-673 523. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.P.RANI DIOTHIMA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. THE HEAD MASTER, G.M.U.P.SCHOOL, P.O.KARUVAMPOYIL, VIA.KODUVALLY-673 572. 5. THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERRY, KOZHIKODE DISTRICT. GOVERNMENT PLEADER, SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34480/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of December, 2009 J U D G M E N T The petitioner in this writ petition is aggrieved by the action taken in treating the period from 06/09/2007 to 07/02/2008 as eligible leave, as per Ext.P5 order. Earlier, the petitioner had filed W.P.(C).No.20054/2009 before passing of the said order wherein, one of the main prayer is to declare that the petitioner is entitled to get the third time bound promotion with effect from 31/07/2008 and for a further declaration that there is no break in service for the period commencing from 06/09/2007 to 13/09/2007, and the period commencing from 13/09/2007 to 07/02/2008 has to be reckoned and treated as duty for all purposes. The said writ petition was admitted by this Court on 27/07/2009 and, thereafter, Ext.P5 order has been passed by the Deputy Director of Education, namely, the second respondent. Challenging Ext.P5, the petitioner has filed Ext.P6 before the second respondent. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. It is the contention of the petitioner that Ext.P5 order has been passed without any justification. It is also pointed out that enquiry was W.P.(C). No.34480/2009 -:2:- conducted by the very same officer and the denial of the grant of next higher grade to the petitioner is also highly illegal. 3. Since the petitioner has already filed Ext.P6 before the second respondent, he can take all the contentions in the matter when the appeal is heard by the second respondent. There will be a direction to the second respondent to take a decision on Ext.P6, after hearing the petitioner, within three months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of this Judgment along with a copy of the writ petition before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms