IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 17689 of 2008(E) -------------------------- PETITIONER: ------------ MUHAMMED ASHARAF M.M. A/O. M.A. MOHAMMED MOULAVI, AGED 52 YEARS HIGH SCHOL ASSISTANT (ARABIC) SREE KRISHNA HIGH SCHOOL ,P.O. 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, P.O.MATTATHUR (VIA) KODAKARA, THRISSUR 680 692. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.17689 of 2008 E -------------------------------------- Dated this the 13th day of June, 2008. J U D G M E N T The petitioner is working as HSA (Arabic) at Sree Krishna High School, Mattathur in Thrissur District. It is stated that the petitioner met with an accident on 26.5.2006 in which he sustained serious injuries. The petitioner applied for medical leave for a period of 65 days from 5.6.2006 to 8.8.2006. It is stated that the Headmaster sanctioned the leave as per Ext.P2. The petitioner approached the Headmaster for extension of the leave for a further period of four months from 9.8.2006 to 8.12.2006. The further extension of leave was applied before the Government for a period of three months from 9.12.2006 to 8.3.2007. The medical certificates were also produced along with the leave applications. 2. It is stated that since the extension of leave was to be granted by the Government, the Headmaster forwarded the leave application along with the Service Book of the petitioner to the Government through the District Educational Officer. Ext.P5 is the covering letter forwarding the application for leave along with the Service Book. No reply was received in respect of the application for leave. Ext.P5(a) dated 23.12.2006 would show that the District Educational Officer has forwarded the application for leave to the WP(C) No.17689/2008 2 Government. Ext.P5(a) is a letter sent by the District Educational Officer to the Secretary to Government, General Education Department, in which reference is made to the application for leave submitted by the petitioner. Since no reply was received either allowing or rejecting the leave, the petitioner sent Ext.P6 letter dated 3.4.2008 to the District Educational Officer. The District Educational Officer replied as per Ext.P7 that a reminder has been sent to the Secretary to Government and that the Secretary to Government has informed that he has not received the application for leave and the Service Book of the petitioner. The petitioner submitted a representation to the Government as evidenced by Ext.P8 which was replied as per Ext.P9 stating that the leave application and the documents sent along with the same were not received by the Government. Finally, the petitioner submitted Ext.P12 representation dated 5.5.2008 to the Secretary to Government, General Education Department, requesting to consider whether it has to be taken that the Service Book of the petitioner has been irrecoverably lost. The petitioner also made a request to reconstruct the Service Book and to sanction leave without allowance for the period from 5.6.2006 to 8.3.2007. Ext.P12 representation dated 5.5.2008 is not disposed of so far. 3. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.17689/2008 3 “(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- 3007 forthwith. (b) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st and 3rd Respondents to effectively consider and pass appropriate orders upon Exhibits P-12 and P- 13 after affording an opportunity of being heard to the Petitioner within a time limit and to reconstruct the Service Book of the petitioner expeditiously. (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.” 4. The learned counsel appearing for the petitioner submitted that for the time being, the petitioner confines the reliefs to relief No. (b). The learned Government Pleader submitted that the first respondent will consider and dispose of Ext.P12 representation expeditiously. This submission is recorded. In the facts and circumstances of the case, there will be a direction WP(C) No.17689/2008 4 to the first respondent to consider and dispose of Ext.P12 representation within a period of two months, after affording an opportunity of being heard to the petitioner, either in person or by a representative. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks