IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 14932 of 2008(C) PETITIONER: ------------ S.DEEPA,AGED 39 YEARS, W/O.MADANAKUMAR, HSA(PHYSICAL SCIENCE),RV.UNION HIGH SCHOOLM CHERAI, ERNAKULAM DISTRICT, PERMANENTLY RESIDING AT DHANUSH VIHAR, CHERAI KARA, ERNAKULAM DISTRICT NOW AT C/O.MADANAKUMAR.K.M.,PB.293, POLLY BIT INDUSTRIES LTD., UMM-AI-OWAIN UAE. REPRESENTED BY HER POWER OF ATTORNEY HOLDER SIMI DHANUSH, AGED 33 YEARS, W/O.DHANUSH S., RESIDING AT DHANUSH VIHAR, CHERAI KARA, ERNAKULAM DISTRICT. BY ADV. SRI.P.T.DINESH RESPONDENTS: -------------- 1. STATE OF KERALA,REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUANANTHAPURAM. 2. DISTRUICT EDUCATIONAL OFFICER, ERNAKULAM 3. HEADMASTER CUM-MANAGER, R.V.UNION HIGH SCHOOL, CHERAI, ERNAKULAM DISTRICT. R1 BY GOVERNMENT PLEADER SMT.T.B.REMANY R3 BY ADV. SRI.C.A.JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE G.O.(Rt)NO.2338/98/G.EDN. DATED 17.6.1998 BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE G.O.(Rt)NO.2482/03/G.EDN. DATED 2.7.03 BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE LEAVE APPLICATION DATED 8.2.2008 ALONG WITH OTHER DOCUMENTS SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE CIRCULAR NO.33903/S2/97/G.EDN. DATED 11.11/97 BY THE GENERAL EDUCATION (S) DEPARTMENT. EXT.P5 TRUE COPY OF THE CIRCULAR NO.63720/32/97/G.EDN. DATED 29.12.1997 BY THE GENERAL EDUCATION (J) DEPARTMENT. EXT.P6 TRUE COPY OF THE CIRCULAR NO.25218/J2/99/G.EDN. DATED 21.5.1999 BY THE GENERAL EDUCATION (J) DEPARTMENT. EXT.P7 TRUE COPY OF THE ORDER DATED 7.3.2008 BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P8 TRUE COPY OF THE APPEAL DATED 18.3.2008 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT. EXT.P8(a) TRUE COPY OF ACKNOWLEDGEMENT CARD WHICH SHOWS THE RECEIPT OF EXHIBIT P8 BY THE 2ND RESPONDENT ON 24.3.2008. EXT.P9 TRUE COPY OF THE DISCHARGE CERTIFICATE ALONG WITH CORONARY ANGIOGRAM FROM AL QASIMI HOSPITAL, SHARJAH FOR THE PERIOD OF 19.11.2005 TO 22.11.2005. EXT.P10 TRUE COPY OF THE DISCHARGE CERTIFICATE ALONG WITH CORONARY ANGIOGRAM FROM AL QASIMI HOSPITAL, SHARJAH FOR THE PERIOD OF 14.1.2006 TO 16.1.2006. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 14932 OF 2008 C -------------------------------------------- Dated this the 28th May, 2008 JUDGMENT The petitioner, working as High School Assistant (Physical Science) at R.V.Union High School, Cherai, submitted Ext.P3 application for leave to the third respondent, who is working as the Headmaster-cum-Manager as the School is a staff management school. As per Ext.P7 communication dated 7.3.2008, the Manager informed the petitioner that the management is not willing to consider the application for extension of leave from 11.6.2008 as it would adversely affect the smooth running of the School. The petitioner filed Ext.P8 appeal before the District Educational Officer, Ernakulam, challenging the communication issued by the Manager and questioning the inaction on the part of the Manager in not forwarding the leave application. The District Educational Officer did not pass any order on Ext.P8. 2. The reliefs prayed for in the Writ Petition are the following: “i) Declare that the refusal on the part of the 3rd respondent in the Exhibit P7 order in forwarding the Leave Without Allowances application filed by the petitioner dated 8.2.2008 to the 2nd respondent as highly illegal, unjust, untravires and against the directions in Exhibits P4 to P6 Circulars and relevant provisions in the Kerala Service Rules and Kerala Education Rules. W.P.(C) NO.14932 OF 2008 :: 2 :: ii) Declare that the inordinate delay on the part of the 2nd respondent in considering the Exhibit P8 appeal filed by the petitioner against the Exhibit P7 order by the 3rd respondent and the inordinate delay in processing, sanctioning and forwarding the leave application to the 1st respondent within the stipulated time limit as highly illegal, unjust, ultravires and against the directions in Exhibits P4 to P6 Circulars and relevant provisions in the Kerala Service Rules and Kerala Education Rules. iii) To call for the records leading to Exhibit P7 by the 3rd respondent and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant. iv) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to sanction Leave Without Allowances to the petitioner from 11.6.2008 to 10.6.2013 A.N, as expeditiously as possible within a time limit prescribed by this Hon'ble Court, or Alternatively to issue a writ or any other appropriate writ, order or direction commanding the respondent No.2 to sanction and forward Exhibit P3 leave application by the petitioner as expeditiously as possible to the 1st respondent and to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent No.1 to consider and pass appropriate orders upon the Exhibit P3 leave application by the petitioner as expeditiously as possible after affording an opportunity of hearing to the petitioner or her authorised representative. v) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent No.1 to take appropriate actions against the 2nd and 3rd respondents for their inordinate delay in processing, sanctioning and forwarding the leave application of the petitioner within the stipulated time limit contained in Exhibits P4 to P6 Circulars. W.P.(C) NO.14932 OF 2008 :: 3 :: vi) To grant such other reliefs as may be prayed for and as the court may deem fit to grant, and vii) Grant the cost of this Writ Petition.” 3. The Writ Petition was admitted on 22.5.2008 and an interim direction was issued to the second respondent to forward Ext.P3 application to the Government within a period of three days. Learned Government Pleader submitted that the second respondent has complied with the interim order. Now the application is pending before the Government. The petitioner had applied for leave for the period from 11.6.2008 to 10.6.2013. It is necessary to dispose of the application for leave urgently. Accordingly, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P3 leave application, submitted by the petitioner and which was forwarded by the second respondent to the Government as per the interim order dated 22.5.2008, on or before 10.6.2008. Learned counsel for the petitioner submits that since the petitioner is not presently available in India, she does not claim to be heard before the first respondent. The first respondent is free to pass orders without hearing the petitioner. (K.T.SANKARAN) Judge ahz/