IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WA.No. 1507 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24306/2004 Dated 10/12/2007 .................... APPELLANT/PETITIONER: ------------------------- KARAVARAM VOCATIONAL HIGHER SECONDARY SCHOOL, KALLAMBALAM, TRIVANDRUM, REPRESENTED BY ITS MANAGER, G.SURESH. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS/RESPONDENTS: --------------- 1. THE GOVERNMENT OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, TRIVANDRUM. 2. THE DIRCTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOLLAM. 4. S.PRIYADARSHINI, VOCATIONAL LECTURER IN CIVIL CONSTRUCTION AND MAINTENANCE, KARAVARAM VHSS, KALLAMBALAM, TRIVANDRUM, C/O.P.G.GOPAKUMAR, PLANNING ENGINEER, DEWA, P.B.NO.564, DUBAI, UAE. G.P. SMT.T.B.RAMANI FOR R1 TO R3 ADV. SRI.D.SREEKUMAR FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1507 of 2008 .................................................................... Dated this the 26th day of May, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed by the management challenging the order of the Government granting long leave without allowances to the 4th respondent who was a teacher in the appellant-school. Counsel submitted that the 4th respondent is the only teacher in that subject and granting long leave affects teaching in the school. However, counsel for the 4th respondent submitted that management has appointed substitute during the period 4th respondent was on leave. In any case since the appellant is not challenging the Rule giving the Government the power to grant long leave without allowances and since substitute was appointed and since the period of leave granted by the Government also is over, we close the Writ Appeal as infructuous. However, we 2 leave it open to the appellant to challenge the Rule or special orders issued later. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms