IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 16071 of 2011(H) ---------------------------------- PETITIONER(S): ------------------- ALEYAMMA MATHEW, W/O.MATHEW C.OOMMEN, CHITRAYIL PADINJARE PARAMBIL HOUSE, KUTTAPUZHA P.O THIRUVALLA (UPSA, ST.JOHN'S HSS, ERAVIPEROOR) REP. BY HER POWER OF ATTORNEY HOLDER ANNAMMA JACOB, W/O.LATE JACOB P.ABRAHAM, THANNICKAL SANKARAPURI HOUSE, ERAVIPEROOR, THIRUVALLA. BY ADVS. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S): --------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689 101. 3. THE ASSISTANT EDUCATIONL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PULLAD-689 548. 4. THE MANAGER, ST.JOHN'S HIGHER SECONDARY SCHOOL, ERAVIPEROOR P.O., THIRUVALLA-689 101. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. T1 TO R3, R5 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16071/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GENERAL POWER OF ATTORNEY DATED 09/06/2010 EXECUTED BY THE PETITIONER IN FAVOUR OF SMT.ANNAMMA JACOB. P2: COPY OF THE GOVERNMENT ORDER G.O.(Rt) NO.976/08/G.EDN. DATED 23/02/2008. P3: COPY OF THE ORDER DATED 11/07/2007 PASSED BY RESPONDENT NO.4. P4: COPY OF THE GOVERNMENT ORDER DATED 12/10/2006. P5: COPY OF THE GOVERNMENT CIRCULAR DATED 18/05/2007. P6: COPY OF THE REPRESENTATION DATED 23/05/2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.4. P7: COPY OF THE STATUTORY REVISION PETITION AGAINST EXT.P3 ORDER SUBMITTED BEFORE RESPONDENT NO.1. P8: COPY OF THE JUDGMENT DATED 08/12/2010 PASSED BY THIS HONOURABLE COURT IN WPC. NO.35243/2010 E. P9: COPY OF THE ORDER DATED 22/03/2011 PASSED BY THE RESPONDENT NO.1. P10: COPY OF THE STATUTORY REVISION PETIITON UNDER RULE 92 CHAPTER XIVA KER BEFORE RESPONDENT NO.5. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16071 of 2011-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2011. JUDGMENT The petitioner who is represented by the power of attorney holder, is before this Court, aggrieved by the direction in Ext.P9 order passed by the Director of Public Instruction. In Ext.P9, the petitioner is directed to rejoin duty after cancelling the unavailed portion of leave. The husband of the petitioner Shri Mathew C. Oommen is working in Kuwait. He has fallen ill and is undergoing treatment. The petitioner applied for leave without allowance as per Appendix XII-C of Chapter XIV-A K.E.R. for the period from 18.3.2005 to 17.3.2006 which was extended upto 31.12.2010. Ext.P2 is the copy of the Govt. Order sanctioning leave for the above periods. It is averred in para 4 of the writ petition that again as per G.O.(Rt) No.5603/10/G.Edn. dated 14.12.2010 the leave period was extended for five years from 1.1.2011 to 31.12.2015. The petitioner had to approach the Director of Public Instruction because of the fact that the Manager had shifted her lien from St. John's L.P.S. to an uneconomic school. 2. Evidently, going by Ext.P9, the Director of Public Instruction has interfered with the matter and consequently a direction has been issued to wpc 16071/2011 2 the Manager to shift the lien from the uneconomic school to an economic school by reverting the juniormost LPSA, from the date of joining duty of the petitioner. 3. As already noticed, there is a direction in Ext.P9 to the petitioner to rejoin duty. The petitioner has approached the Government by filing Ext.P10 revision petition against the direction in Ext.P9. 4. There will be a direction to the Government to take a decision on Ext.P10 with notice to the power of attorney holder of the petitioner, within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile, the direction in Ext.P9 to the petitioner to cancel the unavailed portion of leave and to rejoin duty, will be kept in abeyance. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Government for compliance. (T.R. Ramachandran Nair, Judge.) kav/