IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 14265 of 2009(C) -------------------------- PETITIONER(S): --------------- EMILY T.V., W/O. K.V. JOSE AGED 49 YEARS, L.G. SANSKRIT TEACHER (PROTECTED) S.N.U.P. SCHOOL, POTHINKANDAM, KUZHITHOLU POST, IDUKKI DIST. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. 4. THE MANAGER, S.N.U.P. SCHOOL, POTHINKANDAM, IDUKKI DIST. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14265/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of May, 2009 J U D G M E N T The petitioner is a L.G.Teacher (Sanskrit) (protected) in S.N.U.P. School, Pothinkandam, Kuzhitholu, in Idukki District. The main prayer in the writ petition is for a direction to the Government to consider and pass orders on Ext.P21 within a time limit to be fixed by this Court. The petitioner was originally working in Mar Basil High School, Senapathi in Idukki District from 03/06/1985. After 18 years of service in the said school on becoming a protected teacher, she was deployed to the Government U.P.School, Thokkupara on 20/03/2003. Thereafter, she was re-deployed to Government U.P.School, Pazhayavituthy on 16/11/2005. The petitioner was redeployed to S.N.U.P.School, Pothinkandam on 30/03/2009. 2. The petitioner had been suffering from various ailments which are described in paragraph (2) of the writ petition. The problem arose when applications for leave were not sanctioned in time which led the petitioner to approach the authorities and also this Court by filing W.P.(C). No.32686/2006. This Court directed the third respondent to take a decision W.P.(C). No14265./2009 -:2:- after hearing the petitioner. The third respondent passed an order cancelling the statutory benefit of protection to the petitioner as per Ext.P9 which was challenged in appeal before the second respondent. The copy of the appeal is produced as Ext.P10. Meanwhile, the application for leave was rejected by the third respondent by Ext.P11. This was also challenged before the second respondent in Ext.P12 appeal. The second respondent rejected Ext.P12 by Ext.P15 order which was taken up in revision by Ext.P16. Ultimately, the Government has passed Ext.P19 order. Pursuant to the directions issued by the Government, the Deputy Director of Education issued Ext.P20 order whereby the petitioner joined duty on 30/03/2009. In Ext.P21, the petitioner has mainly highlighted the non consideration of sanction of leave and with a prayer to regularise her absence from 16/06/2007 to 29/03/2009. It is pointed out by the learned counsel for the petitioner that these issues cannot, in these circumstances be decided by the lower authorities and a decision by the Government is required and, therefore, petitioner has approached the Government by Ext.P21. 3. Heard the learned Government Pleader for respondents 1 to 3. There will be a direction to the first respondent to hear and dispose of W.P.(C). No14265./2009 -:3:- Ext.P21 with notice to the petitioner and the fourth respondent within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms