IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 32683 of 2007(N) --------------------------------------- PETITIONER: ------------------- P. HARIF HAJEE, S/O. K.M.ABDUL RAHMAN, AGED 33 YEARS, MANAGER, C.H. MEMORIAL HIGH SCHOOL, ELAYAVOOR, P.O. VARAM-670 594, KANNUR DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (E) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. 3. SRI. PRASAD KOLANGARA, FORMER HIGH SCHOOL ASSISTANT (MALAYALAM), C.H. MEMORIAL HIGH SCHOOL (RESIDING AT SANTHI NILAYAM, VENDUTHAI, PINARAYI, THALASSERY-670 741, KANNUR DISTRICT. R1 & R2 BY GOVT. PLEADER SMT. M.R. SREELATHA. R3 BY ADV. MR.GEORGE POONTHOTTAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32683/2007-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(RT).NO.2007/07.G. EDN. OF THE GOVERNMENT DTD. 08/05/2007. EXT.P.2: COPY OF THE REQUEST OF THE R.3. DTD. 24/08/2007. EXT.P.3: COPY OF THE ORDER OF THE MANAGER DTD. 01/09/2007. EXT.P.4: COPY OF THE LETTER OF THE MANAGER DTD. 04/09/2007. EXT.P.5: COPY OF THE ORDER NO. 37061/E3/07/G. EDN. OF THE GOVERNMENT DTD. 17/10/2007. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE APPLICATION DTD. 06/10/2007 GIVEN TO THE GOVERNMENT. EXT.R3.B: COPY OF THE COMMUNICATION NO.17427/E3/08/G. EDN. DTD. 22/01/09. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32683/2007-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The manager of a school is before this Court aggrieved by Ext.P5 by which the third respondent was granted permission to rejoin service cancelling the leave without allowance availed by him. The third respondent was sanctioned leave without allowance by the Government for three years from 05/06/2007 as per Ext.P1. It is the case of the Manager that he left the country on 31/03/2007 and did not report duty during vacation in the year 2007. Therefore, the Manager sought to initiate disciplinary action against him. Ultimately, the Manager submitted Ext.P4 before the Government seeking for appropriate orders. 2. The third respondent has filed a counter affidavit. It is his case that even though the leave was sanctioned, he had to return to India on 22/08/2007 and on 24/08/2007 he applied to the Manager as per Ext.P2, requesting for cancellation of leave and expressing his intention to rejoin duty. Going by the averments in paragraph (6), the third respondent is allowed to rejoin duty on 03/12/2007. The third respondent also moved the Government by filing Ext.R3(a) seeking for various orders regarding regularisation of the unavailed portion of the leave etc. Along with I.A.No.11126/2009, the third respondent has produced Ext.R3(b) W.P.(C). No.32683/2007 -:2:- Government letter dated 22/01/2009 addressed to the District Educational Officer, Kannur. Therein, the Government has sought for details of the disciplinary action taken against the third respondent by the Manager, and with a further direction to give necessary instruction to the Manager to finalise the disciplinary action within a time frame and to obtain and forward the proposal for regularisation of the period of unauthorised absence i.e. from 01/06/2007 to 04/06/2007. 3. Heard the learned counsel for the petitioner and the learned counsel appearing for the third respondent and the learned Government Pleader. 4. In the light of the fact that Exts.P4 and R3(a) are pending before the Government, it is upto the Government to take a decision on these applications after hearing the necessary parties. In that view of the matter, I am not expressing anything on the merits of the claims of the respective parties. There will be a direction to the first respondent to take a decision in the matter after hearing the petitioner and the third respondent within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms