IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 18799 of 2008(K) -------------------------- PETITIONER: ------------------ ROSE MARY STELLA VALANDER, KUNNATH HOUSE, H. NO. 28/1326, THADAPARAMBA, NELLIKODE.P.O, CALICUT-16. BY ADV. SRI.C.VIVEK RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. HEADMASTER/HEADMISTRESS, CMS HIGH SCHOOL, AREPATTA, MEPPADI.P.O, WAYANAD. 3. THE CORPORATE MANAGER, ALL CSI SCHOOLS IN MALABAR AND S. WAYANAD, BANK ROAD, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, WAYANAD. 5. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD. *ADDL.R6. THE SECRETARY, GENERAL EDUCATION, THIRUVANANTHAPURAM. (*ADDL.RESPONDENT NO.6 IS IMPLEADED AS PER ORDER DATED 15.07.2008 ON I.A.NO. 8945 OF 2008.) BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 18799 OF 2008 ............................................................................ Dated this the 15th July, 2008 J U D G M E N T The petitioner joined service as Junior Hindi Teacher in the C.M.S. High School, Arapetta, Wayanad District. It is stated that the date of commencement of continuous service of the petitioner was from 20.06.1979. While working as Junior Hindi Teacher, the petitioner states that, she fell ill in the year 2003 and was bed ridden due to “Sarvanga Vatam”. According to the petitioner, she could not do anything without the help of some other person. It is also stated that the petitioner is not in a position to talk or even to stand up due to her illness. On 10.06.2005, the petitioner submitted Ext. P2 representation to the third respondent, Corporate Manager, requesting to permit the petitioner to take voluntary retirement from service on account of her inability to perform her duties. The third respondent did not send any reply to Exhibit P2. On 28.09.2005, the petitioner made Ext. P3 representation to the fifth respondent, Deputy Director of Education, Wayanad requesting to permit her to retire from service voluntarily . It is also stated in Ext. P3 representation that she was on Leave Without Allowance from 01.06.2004 onwards. There was no reply to Ext. P3 representation also. Later, Ext. P4 representation dated 09.05.2006 was sent to the third respondent, copy of which was sent to the Deputy Director of Education, Wayanad. 2. It is stated that the petitioner received Ext. P7 communication dated 03.10.2006 issued by the Headmistress of the School stating that from 01.04.2004 to 01.06.2004, the petitioner had received salary and her leave application would be W.P.(C) No. 18799 OF 2008 2 considered only after remitting a sum of Rs. 19,135/-, the salary drawn during that period, in the Treasury. Aggrieved by Ext. P7 communication, the petitioner submitted Ext. P8 representation dated 14.03.2007 to the Headmistress. It is stated in Ext. P8 representation that the petitioner could not even sign the representation and therefore put her thumb impression in the representation. Getting no response to the representations, the petitioner has filed the Writ Petition seeking for the following reliefs: “a) A writ of mandamus directing the fourth respondent to consider the representation of the petitioner dated 09.05.2006. b) Grant any such other appropriate reliefs that this Honourable Court may deem fit to grant on the facts and circumstance of the case and thus render justice.” 3. After the Writ Petition was filed, the petitioner has submitted Ext.P9 representation dated 24.06.2008 to the additional sixth respondent pointing out her grievances and requesting that she may be sanctioned VRS. Ext.P9 representation is pending before the additional 6th respondent. 4. The limited request made by the petitioner is to issue a direction to the 6th respondent to dispose of Ext. P9 representation without delay. In the facts and circumstances of the case, the request is just and reasonable. Accordingly, the Writ Petition is disposed of in the following manner: i) The 6th respondent shall dispose of Ext. P9 representation dated 24.06.2008 as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner personally or to her duly authorised representative. ii) The petitioner would be entitled to produce such other materials and documents, as are relevant, before the 6th respondent. W.P.(C) No. 18799 OF 2008 3 iii) As the petitioner has a case that she is not in a financial position to remit Rs. 19,135/- as stated in Ext.P7 communication as a condition for granting leave, the 6th respondent may consider the question whether while granting Voluntary Retirement from Service, the amount payable by the petitioner can be adjusted/deducted from the amount, if any, payable to the petitioner. iv) It is made clear that I have not expressed any opinion on the merits of the contentions raised in the Writ Petition. K.T. SANKARAN, JUDGE. lk