IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 20897 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------ THOMAS JOSEPH, KANNADIPARA HOUSE, KATTAMKAVALA, PARAMBA.P.O., HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S): -------------------------- 1. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. PIN.671 121 2. HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, KUNDAMKUZHY, KUNDAMKUZHY.P.O., KASARAGOD DISTRICT.PIN-671 541 3. HEADMISTRESS, GOVERNMENT LOWER PRIMARY SCHOOL, PERIYA, PERIYA.P.O., KASARAGOD DISTRICT.671 316 R1 BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20897/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MEDICAL CERTIFICATE DATED 23/1/06. P2 COPY OF THE NOTICE DATED 21/6/2010 BY 3RD RESPONDENT SIGNED BY HEADMISTRESS ON 22/6/10. P3 COPY OF THE COMMUNICATION DATED 13/12/07 FROM 2ND RESPONDENT. P4 COPY OF THE COMMUNICATION DATED 4/5/09. P5 COPY OF THE NOTICE DATED 24/3/2010 BY 1ST RESPONDENT. P6 COPY OF THE REPLY DATED 13/4/2010 OF PETITIONER. P7 COPY OF THE NOTICE DATED 7/5/2011 ISSUED BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20897 of 2011-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2011. JUDGMENT The petitioner is facing disciplinary action allegedly for unauthorised absence. According to him, an application for leave without allowance was submitted earlier. The period covered is from 25.6.2007 to 31.12.2007 and by Ext.P3 it was returned for curing defects. It is the case of the petitioner that he met with an accident and suffered a fracture of the right leg on 19.7.2010. He had to undergo a surgery and steel rod was implanted and now he is perfectly alright. The case pleaded in the writ petition is that respondents 1 and 2 are not allowing the petitioner to rejoin duty. 2. Learned Govt. Pleader on getting instructions, submitted that the petitioner has not approached the said respondents for rejoining duty and if the petitioner approaches the second respondent he will be allowed to rejoin duty, which will be subject to the disciplinary action proposed to be taken against the petitioner. 3. Therefore, on the petitioner approaching the second respondent, he will be allowed to rejoin duty as P.D. Teacher which will be subject to the wpc 20897/2011 2 disciplinary proceedings contemplated. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/