IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 16695 of 2007(K) ----------------------------------------- PETITIONER(S): ---------------------- SOPHY K.S., H.S.S.T. SOCIOLOGY, ST.XAVIER'S HIGHER SECONDARY SCHOOL, CHEMMANNAR, UDUMBANCHOLA- 685 554. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, NEAR GOVERNMENT I.T.I., EDAPPALLY P.O., KOCHI- 682 024. 4. MANAGER, ST.XAVIER'S HIGHER SECONDARY SCHOOL, CHEMMANNAR, UDUMBANCHOLA- 685 554. BY GOVERNMENT PLEADER SRI. T.T.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16695/2007 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT SCHOOL MANAGER DTD. 20/09/2006. EXT.P2: COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT SCHOOL PRINCIPAL TO THE 1ST RESPONDENT DTD. 11/09/2006. EXT.P3: COPY OF THE LETTER DTD. 18/12/2006 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE JOINING REPORT ISSUED BY THE PRINCIPAL OF THE 4TH RESPONDENT SCHOOL. EXT.P5: COPY OF THE ATTENDANCE REGISTER OF THE 4TH RESPONDENT FOR THE PERIOD AUGUST, 2000. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 28/08/2005 THROUGH THE 4TH RESPONDENT SCHOOL MANAGER. EXT.P7: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 6/12/2002. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.16695/2007 ----------------------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT The prayer in this writ petition is to quash Ext.P3. Admittedly, the petitioner had availed of leave without allowance for joining B. Ed. Leave was availed from 7.6.2004 onwards and according to the petitioner she has rejoined duty on 31.3.2005, despite the fact that the B. Ed examination was on 7.4.2005. It was in that background Ext.P3 order was issued by the 3rd respondent directing the Principal to take steps for regularizing the period of leave for the period up to 31.3.2005. 2. Learned Government Pleader now submits that if revised leave application governing the period subsequent to 31.3.2005, that will be taken note of and orders will be issued regularizing the same. WP(c).No.16695/2007 2 3. Accordingly, the writ petition is disposed of directing that, it will be open to the petitioner to make a revised leave application coverning the period subsequent to 31.3.2005, in which case, the 3rd respondent shall take necessary steps for regularising the leave and pass fresh orders in the matter. The counsel for the petitioner have raised a plea that despite the petitioner having been appointed with effect from 23.8.2000, approval have been granted only with effect from 10.9.2000. Counsel for the petitioner submits that seeking approval from 23.8.2000, a representation dated 28.8.2005 has been filed before the Director, Higher Secondary Education, Thiruvananthapuram and that orders thereon have not been passed. If as stated such a representation has been received and is pending the Director shall take necessary action thereon. ANTONY DOMINIC JUDGE vi. WP(c).No.16695/2007 3