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 8TH JUNE 2011 / 18TH JYAISHTA 1933 WA.No. 333 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.12312/2010 Dated 09/06/2010 APPELLANT: 3RD RESPONDENT ---------------------------- THA MANAGER, POLACHIRAKKAL HIGH SCHOOL, P.O.PADAGIRI, NELLIYAMPATYI, PALAKKAD. BY ADV. SRI.P.BABU KUMAR SRI.P.YADHU KUMAR RESPONDENTS: PETITIONERS -------------------------- 1. ELSY P.OMMAN, UPSA, P.H.S.PADAGIRI, RESIDING AT H.NO.46, ELLAI AMMALKOVIL ROAD, PUDUSSERY, PALAKKAD.PIN 678 001. 2. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.- 695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. PIN- 678 509 4. THE HEADMASTER, P.H.S.PADAGIRI, PALAKKAD. PIN 678 509. 5. TEACHER-IN-CHARGE, P.H.S.PADAGIRI, PALAKKAD. PIN 678 509. GOVERNMENT PLEADER SRI. T.B. RAMANI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 333 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF JUNE, 2011. J U D G M E N T C.N. Ramachandran Nair, J. The manager has challenged the judgment of the learned Single judge whereby the first respondent was allowed to rejoin duty and retire from service. It is seen that out of around 30 years of total service, the first respondent was out of service for 20 years on leave, abroad. On her return, she was allowed to join service and retire for the purpose of pension. The manager complains against the long absence and the first respondent's leaving the school before orders granting leave was received. 2. We do not think there is any scope for any enquiry on these matters because it is the Government who had granted leave and sanctioned pension to the first respondent. The appellant has no commitment on all these matters and for the said reason alone, we decline to interfere in the matter. However, when leave is granted by the Government to aided school teachers on long term basis, the managers should oppose the same because W.A. 333/2011 2 leave vacancy cannot be filled up with regular hands. We dismiss the appeal with the above observation. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) KNC/-