IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 25251 of 2008(F) -------------------------- PETITIONER: ------------ M. SASIDHARAN NAIR, ASSISTANT HOSTEL SUPERINTENDENT, GOVERNMENT ITI, CHACKAI, THIRUVANANTHAPURAM, PRESENTLY WORKING AT SABARIGIRI, KARIYIL, KAZHAKKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.SAJJU.S RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING, THYCADU, THIRUVANANTHAPURAM. 3. THE ADMINISTRATIVE OFFICER, DEPARTMENT OF INDUSTRIAL TRAINING, THYCADU, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT ITI, CHACKAI, THIRUVANANTHAPURAM. 5. MERCY ANTONY, ASSITANT HOSTEL SUPERINTENDENT, GOVERNMENT ITI, CHACKAI, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 25251 OF 2008 F ```````````````````````````````````````````````````` Dated this the 5th day of September, 2008 J U D G M E N T Case of the petitioner in brief is as follows. Petitioner was holding the post of Assistant Hostel Superintendent under the service of the 2nd respondent. He entered on medical leave from 5.3.2008 onwards and the leave application was duly submitted to the 4th respondent. It is further submitted that he was under the treatment of the Government Ayurveda Medical Officer, Mundakkal and the matter was communicated to the 4th respondent. When he returned after leave, it was found that the 5th respondent was appointed in his place by the 3rd respondent and the petitioner was not appointed anywhere. It is stated that the order was issued on the ground that the petitioner was unauthorisedly absent from duty and that he did not give any leave application. According to the petitioner, leave application was duly submitted by him to the 4th respondent. Petitioner has submitted Ext.P4 representation. Petitioner seeks a direction to appoint him in any of the existing vacancies and to dispose of Ext.P4 WPC.25251/08 : 2 : representation. 2. I heard learned counsel for petitioner and learned Government Pleader. Learned Government Pleader, on instructions, submits that the petitioner has not submitted any application for leave and that if the petitioner files leave application before the 4th respondent, the 4th respondent will forward the same to the Government. Learned counsel for the petitioner submits that the petitioner is prepared to submit application for leave before the 4th respondent. Accordingly, writ petition is disposed of as follows. If the petitioner submits application seeking leave before the 4th respondent, the 4th respondent will forward the same to the 1st respondent within two days on receipt of the leave application and the 1st respondent will consider and take a decision thereon in accordance with law within one week from the date of receipt of the application from the 4th respondent. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE