IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 18870 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------- BENNI JOHN, S/O.JOHN, AGED 35, PEON, ULLAYAM U.P.SCHOOL, KADAYANIKKAD P.O., KOTTAYAM DISTRICT-686 550. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, STATE OF KERALA. 2. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 3. THE ASSISTANT EDUCATIONAL OFFICER, KARUKACHAL, KOTTAYAM. 4. THE MANAGER, ULLAYAM U.P.SCHOOL, KADAYINIKKADU, KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. SANDESH RAJA R4 BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18870/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR LEAVE DTD. 1/06/2010 SUBMITTED BY THE PETITIONER. P2: COPY OF THE ORDER DTD. 5/10/2009 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF THE LETTER DTD. 29/09/2009 FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE LETTER OF THE MANAGER DTD. 06/06/2010. R4(B): COPY OF THE LETTER OF SRI. ANTONY THOMAS DTD. 16/06/2010. R4(C): COPY OF THE LETTER OF THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. DTD. 09/06/2010. R4(D): COPY OF THE LETTER OF THE MANAGER DTD. 23/06/2010. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.18870 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2010 J U D G M E N T The petitioner is presently working as Peon in the 4th respondent school. His grievance is with respect to the action on the part of the manager in not forwarding the application submitted by him for availing Leave Without Allowance for a period of 5 years. According to the learned counsel for the 4th respondent Manager, since the liability to the tune of Rs.55,000/- is outstanding he will not be in a position to issue the certificate of declaration in the manner sought for by the petitioner. In other words according to him, in the light of the aforesaid facts he could only issue a certificate showing the aforesaid liability. The learned counsel for the petitioner submits that the 4th respondent may be directed to forward the application after noting the aforesaid liability for appropriate action by the first respondent. In the said circumstances, without making any observation as to the merits of the contention, this writ petition is disposed of with a direction to the 4th respondent to WPC.18870/2010 : 2 : forward the application, viz., Ext.P1 received from the petitioner to the first respondent forthwith. It will be open to the 4th respondent to record the factum regarding the aforesaid liability in the declaration in Ext.P1 application. On receipt of Ext.P1 application, the first respondent shall take appropriate action thereon, in accordance with law, as expeditiously as possible. (C.T. RAVIKUMAR, JUDGE) jma