IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 3RD JANUARY 2007 / 13TH PAUSHA 1928 WP(C).No. 35958 of 2005(E) -------------------------- PETITIONER: ------------ DR.THOMAS LEE.S., S/O.K.C.SEBASTIAN, LECTURER IN PHYSICS, ST.THOMAS COLLEGE, PALA, NOW ATTENDING POST DOCTORAL FELLOWSHIP UNIVERSITY, DE NICE-SOPHIA ANTIPOLIS, PARC VAIROSE, 06108 NICE CEDEX 2, FRANCE, REP. BY P/AT HOLDER K.L.SEBASITAN, AGED 64, S/O.CHERIAN. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, COLLEGIATE EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE VICE CHANCELLOR. 3. ST.THOMAS COLLEGE, PALA, REPRESENTED BY ITS PRINCIPAL. 4. MANAGER, ST.THOMAS COLLEGE, PALA. R3 & R4 BY ADV. SRI.BABY ISSAC ILLICKAL R1 BY SHRI MANOJ KUMAR K.V., GOVERNMENT PLEADER R2 BY SHRI V.A. MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE INTIMATION REGARDING AWARD OF POSTDOC FELLOWSHIP EXT.P2-TRUE COPY OF BIO-DATA, ACADEMIC RECORDS, ETC. EXT.P3-TRUE COPY OF CERTIFICATE ISSUED FROM THE HEAD OF DEPARTMENT OF PHYSICS OF THE R3 EXT.P4-TRUE COPY OF PETITION SUBMITTED TO R4 BY THE PETITIONER DATED 18.8.2005 EXT.P5-TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE THERESPONDENT EXT.P5(A)-TRUE COPY OF PETITION FROM THE PETITIONER TO THE PRINCIPAL OF SECRETARY DT.7.9.2005 EXT.P6-TRUE COPY OF COMMUNICATION ADDRESSED FROM R1 TO ALL THE COLLEGES EXT.P7-TRUE COPY OF JUDGMENT IN WPC 27353/2005 DT.23.9.2005 EXT.P8-TRUE COPY OF LETTER FROM THE PETITIONER TO R4 DATED 7.11.2005 EXT.P9-TRUE COPY OF POSTAL ACKNOWLEDGMENT EVIDENCE DT.12.11.05 EXT.P10-TRUE COPY OF ENDORSEMENT ON THE POST ARTICLE RETURNED BY R3 EXT.P11-TRUE COPY OF E-MAIL SENT BY R3 TO THE UNIVERSITY IN FRANCE EXT.P12-TRUE COPY OF MEMO LEFT FOR FRANCE THE R3 ISSUED TO PETITIONER DATED 28.11.2005 EXT.P13-TRUE COPY OF REPLY ISSUED BY THE POWER OF ATTORNEY HOLDER K.C. SEBASTIAN TO R3 DATED 2.12.2005 EXT.P14-TRUE COPY OF ORDER DATED 29.11.2005 OF GOVT. OF KERALA EXT.P15-TRUE COPY OF MEMO OF CHARGE AND STATEMENT OF ALLEGATION SUBMITTED BY THE PETITIONER BEFORE R4 RESPONDENTS' EXTS: EXT.R4(A)-TRUE COPY OF MEMO DATED 28.6.2004 ISSUED BY R4 EXT.R4(B)-TRUE COPY OF REPLY DATED 4.7.2004 BY THE PETITIONER EXT.R4(C)-TRUE COPY OF PROCEEDINGS BY R4 DATED 2.8.2004 EXT.R4(D)-TRUE COPY OF COMMUNICATION DATED 4.11.2005 EXT.R4(E)-TRUE COPY OF REQUEST OF THE PETITIONER DATED 7.9.2005 EXT.R4(F)-TRUE COPY OF COMMUNICATION DATED 11.1.2006 EXT.R4(G)-TRUE COPY OF RELEVANT PAGE OF THE OUTWARD REGISTER. // TRUE COPY // // TRUE COPY // A. K. Basheer, J. - - - - - - - - - - - - - - - W.P.(C)No. 35958 Of 2005-E - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2007. JUDGMENT Petitioner who had been working as a Lecturer in St. Thomas College, Pala, had applied for leave for the purpose of pursuing higher studies in a University in France. It appears that his employer was not inclined to grant leave since, according to him, the application submitted by the petitioner was not in the prescribed format and also since the petitioner was not entitled to take leave for the said purpose. Subsequently, the management initiated disciplinary proceedings against the petitioner and he was placed under suspension. It was at that stage that the petitioner had preferred this writ petition. In view of the subsequent development, I do not propose to deal with the validity or legality of the action taken against the petitioner by the management. Happily for all concerned, the differences of opinion between the parties have been settled in an amicable and cordial manner. The management has accepted the resignation tendered by the petitioner and has gracefully issued a conduct certificate to him. Learned counsel for the parties submit that in view of the above developments, a decision on merit of the case need not be rendered. The exemplary co-operation extended by the learned counsel on either side is appreciated and recorded. The writ petition is therefore closed. (A.K. Basheer) Judge. W.P.(C) 2 Kav/