IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 6529 of 2011(M) ------------------------------- PETITIONERS: ---------------- 1. SASIDHARAN N.K., RETD.PRINCIPAL, N.N.M.H.S.S., CHELAMBRA, MALAPPURAM DISTRICT, RESIDING AT SANGETHAM, PULLIPPARAMBA P.O., CHELAMBRA, MALAPPURAM DISTRICT, PIN-673634. 2. PARAMESWARAN P., RETD. PRINCIPAL, S.S.M.H.S.S., THEYYALINKAL, MALAPPURAM DISTRICT, RESIDING AT SREYAS, V.P.ANGADI P.O., TIRUR, MALAPPURAM DISTRICT, PIN-676102. BY ADV. SRI.V.VARGHESE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHINAGAR, THIRUVANANTHAPURAM, PIN-695001. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKKODU. 670 010. BY SRI.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6529/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER No.A1/10542/06 DTD.8.12.06 OF R3 ALONG WITH SCHEDULE ATTACHED THERETO. EXT. P2 : COPY OF ORDER No.ACD.A2/17008/HSE/01(2) DTD.1.8.06 OF R2. EXT. P3 : COPY OF GO(MS) No.338/2003/G.EDN. DTD.16.12.03. EXT. P4 : COPY OF GO(MS) No.75/07/G.EDN. DTD. 2.4.07. EXT. P5 : COPY OF CIRCULAR No.61/2004/FIN. DTD. 3.12.04. EXT. P6 : COPY OF JUDGMENT DTD.16.2.11 OF THIS HON'BLE COURT IN W.P.(C) 23932/10. EXT.P7 : COPY OF REPRESENTATION FILED BY 1ST PETITIONER BEFORE R2. EXT.P8 : COPY OF REPRESENTATION FILED BY 2ND PETITIONER BEFORE R2. EXT.P9 : COPY OF REPRESENTATION FILED BY 1ST PETITIONER BEFORE R3. EXT.P10 : COPY OF REPRESENTATION FILED BY 2ND PETITIONER BEFORE R3. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6529 OF 2011 --------------------------------------- Dated this the 31st day of May, 2011. J U D G M E N T The petitioners have retired from service respectively on 31.03.2009 and 31.03.2010 as Principals of aided Higher Secondary Schools. 2. According to the petitioners, they have not been granted earned leave for the entire period as the Principals of Higher Secondary Schools were declared as non-vacation staff as per Ext.P4 Government Order. It is pointed out that going by the Rules 78 and 81 of Part I KSR, the petitioners are entitled for the grant of benefit. Ext.P6 is the judgment of this Court passed in a similar case interpreting the Rules 78 and 81 of Part I KSR. Therein this Court held that the petitioner therein is entitled for the benefit of earned leave for all vacations in which he acted as Principal. Praying for the benefit as declared by this Court in Ext.P6 judgment, the petitioners have filed Exts.P9 and P10 representations before the 3rd respondent who is the Controlling W.P.(C) No.6529/2011 2 Officer. Learned counsel for the petitioners prayed that the same may be directed to be disposed of within a time frame in the light of Ext.P6 judgment. There will be a direction to the 3rd respondent to take a decision on Exts.P9 and P10 representations produced along with I.A.No.7822/2011, after hearing the petitioners, in the light of Ext.P6 judgment of this Court and appropriate orders will be passed within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp