IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 8494 of 2010(J) ------------------------- PETITIONER(S): --------------- T.ANILKUMAR, UPSA (ON LWA) SREE NARAYANA HIGHER SECONDARY SCHOOL, UZHAMALACKAL, PUTHUKULANGARA P.O THIRUVANANTHAPURAM DISTRICT. RESIDING AT SUNIL BHAVAN, MUTHIYANKAVU, MANNANOORKONAM P.O BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (H) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. DISTRICT EDUCATION OFFICER, ATTINGAL, THIRUVANANTHAPURAM 3. THE MANAGER, UZHAMALAKKAL SNHSS, PUTHUKULANGARA P.O NEDUMANGADU, THIRUVANANTHAPURAM 4. THE HEAD MASTER, UZHAMALAKKAL SNHSS, PUTHUKULANGARA P.O NEDUMANGADU, THIRUVANANTHAPURAM 5. DILEEP KUMAR K UPSA (ON LEAVE VACANCY) SNHSS, UZHAMALAKKAL, PUTHUKULANGARA P.O NEDUMANGADU, THIRUVANANTHAPURAM GOVT. PLEADER SRI. T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 8494 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of March, 2010. J U D G M E N T The petitioner is a UPSA in an aided school, who was appointed with effect from 7-6-2002 and his appointment was approved. The petitioner availed of 5 years' leave without allowances for accepting employment abroad. But, since he lost his job abroad, he filed Exts. P3, P3(a), P4 and P4(a) requests before the manager and headmaster of the school to allow him to rejoin duty cancelling unavailed portion of his leave. The petitioner alleges that his request is not being considered to protect the employment of the 5th respondent, who would be liable to be retrenched, if the petitioner is to be allowed to join duty. Therefore, the petitioner submitted Ext. P5 petition before the 2nd respondent for a direction to the manager to allow the petitioner to join duty. That request is also not being considered. The petitioner submits that if the petitioner is not allowed to join duty before 31-3-2010, he is likely to loose his promotion on the ground that as on the date of occurrence of vacancy, he was on leave without allowances. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to pass orders on Ext. P5 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and respondents 4 and 5. The 2nd respondent shall try his best to dispose of Ext. P5 before 31-3- 2010, if possible. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.