IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 17532 of 2009(J) ------------------------------------- PETITIONER(S): ------------------------ P.N.SUBITHA, W/O.BALAKRISHNAN, AGED 50 YEARS, HIGH SCHOOL ASSISTANT(SANSKRIT), ST.GEORGE'S HIGH SCHOOL, THOZHIYOOR(ON VOLUNTARY RETIREMENT) RES.AT SOUPARNIKA, THAMPURANPADI, KOTTAPPADI, THRISSUR-680 505. BY ADVS.MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT. 5. THE ACCOUNTANT GENERAL(A&E), KERALA TRIVANDRUM. 6. THE MANAGER, ST.GEORGE'S HIGH SCHOOL, THOZHIYOOR, THRISSUR DISTRICT. 7. THE HEADMASTER, ST.GEORGE' HIGH SCHOOL, THOZHIYOOR, THRISSUR DISTRICT. R1 TO R5 BY GOVT. PLEADER SMT.T.B.REMANI R7 BY ADV.MR .RAJIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17532/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION OF THE PETITIONER DTD. 1.9.08. P2:- COPY OF THE DO. DO. DT. 1.9.08. P3:- COPY OF THE DO. DO. DT. 1.9.08. P4:- COPY OF THE LETTER OF THE HEADMISTRESS DTD. 5.11.08. P5:- COPY OF THE DO. DO. DT. 6.11.08. P6:- COPY OF THE REPLY OF THE PETITIONER DTD. 10.11.08. P7:- COPY OF THE DO. DO. DT. 10.11.08. P8:- COPY OF THE LETTER TO THE MANAGER DT. 10.11.08. P9:- COPY OF THE DO. DO. DTD. 10.11.08. P10:- COPY OF THE COVERING LETTER OF THE PETITIONER DTD. 18.11.08. P11:- COPY OF THE DO. DO. DT. 18.11.08. P12:- COPY OF THE NOTICE NO.D5/15932/08 OF THE DEPUTY DIRECTOR DT. 30.3.09. P13:- COPY OF THE SUBMISSION OF THE PETITIONER DTD. 7.4.09. P14:- COPY OF THE ORDER NO.D1-159302/08 OF THE DEPUTY DIRECTOR OF EDUCATION DTD. 21.2.09. P15:- COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 11.12.09. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17532/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of December, 2009 J U D G M E N T The petitioner who is working as High School Assistant (Sanskrit) in the school managed by the sixth respondent challenges Exts.P4 and P5 and seeks for a direction to the respondents to sanction the voluntary retirement application of the petitioner with effect from 01/11/2008. 2. It is the case of the petitioner that owing to poor health, he tendered voluntary retirement, to be effective from 01/11/2008, as per Exts.P1 to P3 applications. Later, the Headmaster issued letters, Exts.P4 and P5 asking her to show the reason as to why she is not attending the school, which were replied by her as per Exts.P6 and P7 and the copies of the same have also been forwarded to the Manager and the Educational Officer as per Exts.P8 and P9. It appears that a hearing was conducted by the Deputy Director of Education in the matter, which is evident from Ext.P12 notice and, Ext.P13 is the written submission made by the petitioner before the Deputy Director of Education. 3. The Deputy Director of Education by Ext.P14 informed the petitioner that as the application for voluntary retirement and other documents have not been W.P.(C). No.17532/2009 -:2:- received, no further action could be taken in the matter. 4. A statement has been filed by the third respondent in the matter in support of Ext.P14. 5. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the seventh respondent who has filed a counter affidavit in the matter. Along with I.A.No.16209/2009, the petitioner has produced a copy of the revision petition filed before the Government challenging Ext.P14. It is prayed that the Government may be directed to take a decision on Ext.P15 expeditiously. 6. The first respondent will therefore, take a decision on Ext.P15 after hearing the petitioner and the Manager and the seventh respondent within a period of two 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