IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 21444 of 2008(C) PETITIONER: MOHAMMED SADIQUE (ON L.W.A.) S/O. M.I.KABEER AGED 47, LECTURER IN ELECTRICAL ENGINEERING GOVT. ENGINEERING COLLEGE, TRICHUR-4 (RESIDING AT JAMEELA MANZIL, ARAMAM, KOLLAM-2) BY ADV. SRI.JOHNSON MANAYANI RESPONDENTS: 1. THE PRINCIPAL GOVT, ENGINEERING COLLEGE, TRICHUR 2. THE SECRETARY, HIGHER EDUCATION DEPARTMENT, TRIVANDRUM 3. THE DIRECTOR OF TECHNICAL EDUCATION TRIVANDRUM 4. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT TRIVANDRUM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 21444 OF 2008 C -------------------------------------------- Dated this the 28th July, 2008 JUDGMENT The petitioner, while working as Lecturer in Electrical Engineering in Government Engineering College, Thrissur, was granted leave without allowances for five years as per Ext.P1. The period of leave was extended by another three years as per order dated 30.6.2000 (Ext.P2). As per Ext.P3 order dated 2.8.2003, the period of leave was further extended by five years. 2. It would appear that the petitioner sought for extension of leave again. Ext.P4 order dated 15.2.2008 was passed by the Director of Technical Education, Thiruvananthapuram, which reads as follows: “Referring to the above, I am returning herewith the Leave application (Extension) of Sri.Mohammed Sadique, Lecturer in Electrical Engineering. It cannot be considered in view of a decision taken by Government in this regard. The party may be informed the same and direct to join duty on expiry of the present leave.” 3. Thereafter, the petitioner submitted Ext.P5 representation dated 2.4.2008 to the Government and Ext.P6 representation dated 30.6.2008 to the Director of Technical Education. In Ext.P5 representation, the prayer made by the petitioner is to grant leave for a further period of five W.P.(C) NO.21444 OF 2008 :: 2 :: years from 1.7.2008. In Ext.P6, on the other hand, what is stated is the following: “My wife is now bedridden and she cannot travel, the doctor advised her to take absolute rest and treatment for three more months. In these circumstances I may not be able to return to India immediately. Hence I request you sir my joining time may kindly be extended for a further period of three months from 1.07.2008.” 4. The prayer made in the Writ Petition is to quash Ext.P4 order and to issue a writ of mandamus directing respondents 2 and 3 to consider Exts.P5 and P6 representations. 5. Learned Government Pleader submitted that due to lack of sufficient number of teachers, the Government have decided that no long leave beyond ten years need be granted to the teachers in Technical Education Department. Learned counsel for the petitioner submitted that the petitioner confines his relief to the relief prayed for in Ext.P6, that is, for the grant of a further period of three months from 1.7.2008 to join duty. In other words, the petitioner withdraws all his contentions and the claim for further extension of the leave for five years. 6. In the facts and circumstances of the case, particularly in the facts stated in Ext.P6 representation, I am of the view that the limited prayer made by the petitioner is just and reasonable. W.P.(C) NO.21444 OF 2008 :: 3 :: In the facts and circumstances, the Writ Petition is disposed of as follows: a) The Director of Technical Education will pass orders on Ext.P6 representation taking a lenient view in the matter and granting sufficient time to the petitioner to join duty by considering the prayer for extension of leave as made in Ext.P6 favourably. b) Decision on Ext.P6 shall be taken by the Director of Technical Education and orders shall be passed within a period of two weeks from the date of receipt of a copy of this judgment. c) Pending final decision in the matter, no disciplinary proceedings shall be initiated against the petitioner. (K.T.SANKARAN) Judge ahz/