IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 786 of 2009(R) PETITIONER: MUHAMMED ASHARAF M.M. S/O. M.A. MOHAMMED MOULAVI, AGED 52 YEARS HIGH SCHOOL ASSISTANT (ARABIC) SREE KRISHNA HIGH SCHOOL, PO, MATTATHUR (VIA) KODAKARA, THRISSUR 680 692, RESIDING AT MURIYANKARA, KUSUMAGIRI, KAKKANAD 682 030 BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER IRINJALAKUDA, THRISSUR DISTRICT. 4. THE HEADMASTER SREE KRISHNA HIGH SCHOOL, PO MATTATHUR VIA KODAKARA, THRISSUR 680 692. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 786 OF 2009 R ------------------------------------------------------ Dated this the 2nd February, 2009 JUDGMENT The petitioner is working as High School Assistant (Arabic) in Sree Krishna High School, Mattathur in Thrissur District. He met with a motor vehicle accident and was hospitalized. The petitioner applied for Leave Without Allowance for the period from 5.6.2006 to 8.3.2007. It is stated that along with the application, his Service Book was also forwarded by the Headmistress to the District Educational Officer for the purpose of forwarding the same to the Government. It would appear that the Service Book was lost. Therefore, leave was not sanctioned. The petitioner states that the Service Book was lost from the office of the District Educational Officer. It is more or less admitted, as is seen from Ext.P2 order dated 13.8.2008 passed by the Government. 2. Petitioner approached this court in W.P.(C) No.17689 of 2008, which was disposed of as per Ext.P1 judgment dated 13.6.2008, directing the first respondent to consider the representation submitted by the petitioner. The first respondent considered the representation submitted by the petitioner, as directed in Ext.P1 judgment, and passed Ext.P2 order dated 13.8.2008. It is stated in Ext.P2 thus: W.P.(C) NO. 786 OF 2009 :: 2 :: “The representative of the District Educational Officer, Irinjalakuda has reported that the application for reconstruction of the service book of the petitioner has already been forwarded to Government and the same will be reconstruct as and when orders received. He has also stated that explanation from the clerk has already called for and further action is continuing as the explanation is not satisfactory. The Director of Public Instruction has also reported that he will take necessary action as and when orders were received from Government. In the representation dated 5.5.08 (Ext.P12), the petitioner has requested favourable orders for reproducing his Service Book and sanctioning Leave Without Allowance for the period from 5.6.2006 to 8.3.2007. Government have in letter No.11285/S2/08/G.Edn. dated 24.6.08 directed the Director of Public Instruction to take action as per Rule 146 Part III KSRs and to submit specific proposal with recommendation for the reconstruction of the Service Book of the petitioner. Hence it seems that the direction of the Hon'ble High Court has already been complied with the Government vide letter No,.11285/S2/08/G.Edn. dated 24.6.08. In the circumstances stated above the Director of Public Instruction will take urgent necessary steps to implement the direction contained in the Government letter No.11285/S2/08/GE dated 24.6.08.” 3. After receipt of Ext.P2 order, the Director of Public Instruction issued Ext.P3 letter to the District Educational Officer. The letter reads as follows: “You are directed to act as per Part III KSR Rule 146 Government decision Para IV. The fact should be reported to the Accountant General and Government with a detailed explanation of the circumstances. W.P.(C) NO. 786 OF 2009 :: 3 :: You are authorized to collect all details to reconstruct the Service Book of the petitioner after proper verification in the school and with all related documents. The proposal for reconstruction of Service Book should submit to Government and get approval. The time limit for which is I month from the date of this letter. If any inconvenience in this matter is to be informed to this office in time. Make necessary arrangements for the submission of proposal of the reconstruction of Service Book at the earliest.” 4. The District Educational Officer issued Ext.P4 letter dated 4.8.2008 to the Headmistress of the School, directing to submit an application with clear recommendation for the purpose of reconstruction of Service Book of the petitioner. It would appear that the Headmistress submitted the necessary papers. The District Educational Officer, as per Ext.P5 letter dated 22.8.2008 addressed to the Headmistress, stated that the Headmistress did not comply with the directions properly and, therefore, the application could not be forwarded to the Government. Appropriate directions were also issued by the District Educational Officer. In compliance with Ext.P5, the Headmistress submitted Ext.P6 letter dated 28.10.2008 to the District Educational Officer. The service details of the petitioner were submitted by the Headmistress with reference to the attendance register, acquittance roll, pay fixation statements, increment register and other relevant records kept in the school. It is stated in Ext.P6 as follows: W.P.(C) NO. 786 OF 2009 :: 4 :: “I am submitting herewith the above records to prove the details of his service detailed below: 1. Commencement of continuous service as H.S.A.Arabic - 13/07/1987. 2. Date of sanction of higher grade - 13/07/1997. 3. Date of sanction of senior grade - 13/07/2005. 4. 01/07/2004 pay revision opted - 13/07/2005. 5. Rate of pay fixed as on 13/07/2005 - Rs.11910.00, in the scale of pay 10790-18000. 6. Pay drawn from 01/07/2007 - Rs.12590.00 7. Present pay drawn from 01/7/2008 - Rs.12930.00. I request that necessary steps may please be taken to get sanction from Govt. for the reconstruction of the service book.” 5. Till now, the Service Book of the petitioner is not reconstructed. As a consequence, the petitioner is not granted the relief requested for. It is submitted by the learned counsel for the petitioner that the petitioner would like to submit an application for voluntary retirement because of his physical condition and non-sanctioning of leave due to the non-availability of the Service Book would cause great prejudice to the petitioner. 6. The reliefs prayed for in the Writ Petition are the following: “(a) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant Leave Without Allowances to the Petitioner for a period from 5-6-2006 to 8-3-2007 forthwith; W.P.(C) NO. 786 OF 2009 :: 5 :: (b) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to reconstruct the Service Book of the Petitioner within a short time; (c) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 7. In the facts and circumstances of the case, it would be proper to grant relief (b). Learned Government Pleader submitted that the District Educational Officer has forwarded the necessary papers to the Director of Public Instruction. The above submission is recorded. Accordingly, the Writ Petition is disposed of as follows: (i) The Director of Public Instruction shall forward the application for Leave Without Allowance submitted by the petitioner for the period from 5.6.2006 to 8.3.2007 to the Government along with the relevant records, within a period of fifteen days from the date of receipt of a copy of this judgment. (ii) The necessary proposal for reconstruction of the Service Book as directed in Ext.P2 order shall be submitted by the Director of Public Instruction. W.P.(C) NO. 786 OF 2009 :: 6 :: (iii) The first respondent shall pass appropriate orders in respect of reconstruction of the Service Book, within a period of one month thereafter. (iv) It is made clear that it is not necessary to afford an opportunity of being heard to the petitioner as the petitioner waives any such right in order to see that urgent orders are issued by the first respondent. (v) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. He shall also produce a copy of the Writ Petition and true copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/