IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 27595 of 2008(I) ------------------------------------ PETITIONER: ----------------- SMT.ANIJA.S, HSA (MALAYALAM), GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, MADAPPALLY, REPRESENTED BY POWER OF ATTORNEY HOLDER ASOKAN, ASOKA BHAVAN, PONNUMOOD, VARKALA, THIRUVANANTHAURAM. BY ADV. MR.P.N.MOHANAN RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, FINANCE AND EXPENDITURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, MADAPPALLY, VADAKARA, KOZHIKOD DISTRICT, REPRESENTED BY HEAD MASTER. BY GOVERNMENT PLEADER MR. MUHAMMED FAZAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No.27595 of 2008-I --------------------------------------------- Dated this the 12th February, 2009. J U D G M E N T The prayer in the Writ Petition is to quash Exhibit P2 order and for a direction to the respondents 1 and 2 to grant leave to the petitioner from 1.8.2008 to 31.7.2013 in continuation of Exhibit P1 leave granted by the Government. 2. The petitioner joined the service of the Government Girls Higher Secondary School as HSA (Malayalam) with effect from 19.1.2006. After seven months period of service, she took leave to join her spouse abroad. The period of leave was from 1.8.2006 to 31.7.2008. Now the petitioner applied for extension of leave from 1.8.2008 to 31.7.2013. The Government rejected the request by Exhibit P2 order on the basis of Exhibit P3 G.O. 3. It is submitted by the learned counsel for the petitioner that Exhibit P3 was amended by Exhibit P4 G.O and by Exhibit P4, the petitioner is entitled to claim for extension of leave. Exhibit P5 representation is pending before the Government. In the facts and circumstances of the case, there will be a direction to the Government to consider and pass orders on Exhibit P5 representation in accordance with law. The Government shall consider W.P(C) No.27595 of 2008-I 2 the matter in the light of Exhibit P4 G.O. The first respondent shall pass orders within a period of three months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment and a copy of the Writ Petition within 30 days from today. Sd/- HARUN-UL-RASHID JUDGE //True Copy// PA to Judge ab W.P(C) No.27595 of 2008-I 3 W.P(C) No.27595 of 2008-I 4 W.P(C) No.27595 of 2008-I 5 W.P(C) No.27595 of 2008-I 6