IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12843 of 2008(D) -------------------------- PETITIONER: ------------ VINESH.S. INSTRUCTOR GR II (ON LEAVE) CHEMICAL ENGG DEPT, T.K.M.COLLEGE OF ENGINEERING, KOLLAM, KERALA, PRESENTLY AT AL HAI & AL MUKADDAM FOR GEO TECHNICAL WORKS (LLC) POST BOX NO.78943 RASHIDIYA, DUBAI, U.A.E. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, T.K.M.COLLEGE OF ENGINEERING, KOLLAM. 3. THE GOVERNING COUNCIL REPRESENTED BY ITS CHAIRMAN, T.K.M.COLLEGE OF ENGINEERING, KOLLAM. 4. THE DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12843 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th April, 2008. J U D G M E N T The petitioner is on leave without allowances for taking up employment abroad. After the initial period of 5 years, the petitioner has applied for extension of the leave, which has been declined by the Chairman of the governing council of the 3rd respondent. The petitioner submits that the Chairman has no powers to either allow or reject the leave application and the appropriate authority is the Government. The petitioner therefore seeks the following reliefs: “I. To call for the records leading to Ext. P2 and quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order of this Honourable Court; II. To direct the 3rd respondent to forward Ext. P1 application to the Government for their decision as provided under Statute 25 of the Kerala University (Conditions of Service of Teachers and Members of Non-teaching Staff) First Statutes, 1979 under Rule 64 of Part I of the Kerala Service Rules. III. To direct the first respondent to consider and pass appropriate orders on Ext. P1 application that may be forwarded by the 3rd respondent within a period that may be fixed by this Honourable Court.” 2. I have heard the learned Government Pleader also. 3. After hearing both sides, I feel that the matter should gain the attention of the 1st respondent. Accordingly, I direct the petitioner to file a representation before the 1st respondent enclosing a copy of the leave application as well as a copy of Ext. P2 order of rejection. On receipt of the same along with a certified copy of the judgment, the 1st respondent shall consider the question as to whether the Chairman has powers to deal with leave applications and if not, whether the petitioner is entitled to extension of leave and pass appropriate orders as expeditiously as possible at any rate within three months from the date of receipt of a copy of the representation and a certified copy of this judgment, after affording an opportunity W.P.C. No. 12843/2008. -: 2 :- of being heard to the petitioner as well as the 3rd respondent. The writ petition is disposed of as above. The petitioner shall also forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S. Siri Jagan, Judge. Tds/