IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 740 of 2011(N) -------------------------------------- PETITIONER(S): ------------------------ C.D.JITH, PHYSICAL EDUCATION TEACHER, S.N.T.H.S.S, NATTIKA, CHELLIKKATTIL HOUSE, POZHUVIL WEST PO, TRISSUR. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, TRIVANDRUM, PIN - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKADU, PIN - 680 008. 3. THE CORPORATE MANAGER, S.N.TRUST SCHOOLS, KOLLAM - PIN - 691 005. R1 & R2 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.740/2011 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DTD. 15/07/2002. P2: COPY OF THE PROCEEDINGS OF THE MANAGER DTD. 10/11/2009. P3: COPY OF THE EXPLANATION OF THE 3RD RESPONDENT DTD. 30/01/2010. P4: COPY OF THE LETTER OF THE 2ND RESPONDENT DTD. 02/09/2010. P5: COPY OF THE LETTER OF THE 2ND RESPONDENT DTD. 11/10/2010. P6: COPY OF THE MASTER'S DEGREE IN PHYSICAL EDUCATION ISSUED TO PETITIONER BY CALICUT UNIVERSITY. P7: COPY OF GOVERNMENT ORDER, G.O.(MS) 19/09/G.EDN. DTD. 9/02/2009. P8: COPY OF PETITIONER'S LEAVE APPLICATION FORWARDED BY THE MANAGER. P9: COPY OF LETTER DTD. 29/10/2010 ISSUED BY THE MANAGER TO THE DISTRICT EDUCATIONAL OFFICER. P10: COPY OF LETTER DTD. 28/12/2010 FROM THE DISTRICT EDUCATIONAL OFFICER ASKING THE PETITIONER TO FILE AN APPEAL TO THE GOVERNMENT. P11: COPY OF APPEAL DTD. 20/05/2011 FILED BY THE PETITIONER BEFORE THE GOVERNNMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.740 Of 2011 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2011 J U D G M E N T The petitioner, a Physical Education Teacher under the 3rd respondent-Management is challenging the steps taken by the 2nd respondent to terminate the service of the petitioner. The steps are contemplated on the allegation that the petitioner had availed leave without allowance even before the appointment was approved. 2. The learned counsel for the petitioner submitted that by Exhibit P11 produced along with I.A.No.8494/11, the petitioner has filed an appeal before the Government in the matter. It is pointed out that the District Educational Officer by Exhibit P10 communication directed the petitioner to file an appeal as the explanation offered by the petitioner is not satisfactory. 3. Since the petitioner has filed an appeal as per Exhibit P11 before the Government against the steps taken by the 2nd respondent, there will be a direction to the 1st respondent to W.P.(C)No.740/11 -2- take a decision on Exhibit P11 after hearing the petitioner and the Manager within a period of four months from the date of receipt of a copy of this judgment. The interim order passed by this Court dated 10.1.2011 which was extended from time to time will continue till orders are passed on Exhibit P11 appeal by the 1st respondent. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge