IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 11912 of 2008(R) -------------------------- PETITIONER: ------------ JESSY REEBA LUKE HSST (ENGLISH) ST. JOHNS HIGHER SECONDARY SCHOOL ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA DISTRICT BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM 4. THE MANAGER ST.JOHNS HIGHER SECONDARY SCHOOL, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA DISTRICT BY GOVERNMENT PLEADER ADV. SHRI T.T. MUHAMMED. R4 BY ADV. SRI.V.A.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11912 of 2008(R) APPENDIX. PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF APPLICATION FOR LWA SUBMITTED BY THE PETITIONER ON 26.03.2008 BEFORE THE PRINCIPAL OF THE SCHOOL. EXT.P2: TRUE COPY OF CERTIFICATE DATED 26.03.2008 ISSUED BY THE PRINCIPAL OF THE ST. JOHN'S HIGHER SECONDARY SCHOOL. EXT.P3: TRUE COPY OF REPRESENTATION DATED 01.04.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4 (a) TRUE COPY OF THE LETTER OF THE PETITIONER. EXT.R4 (b) TRUE COPY OF THE LETTER OF THE MANAGER. EXT.R4 (c) TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER. EXT.R4 (d) TRUE COPY OF THE REMARKS OF THE MANAGER. /true copy/ P.A. TO JUDGE. K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 11912 OF 2008 ............................................................................ Dated this the 28th August, 2008 J U D G M E N T The petitioner is working as Higher Secondary School Teacher (English) in the St. Johns Higher Secondary School, Eraviperoor. The petitioner submitted Ext. P1 application dated 26.03.2008 for Leave Without Allowance for a period of five years with effect from 03.06.2008 for joining her spouse abroad . It is stated that the Principal of the school forwarded the leave application to the Manager on the same date of its submission. The Principal has also issued Ext. P2 certificate acknowledging the receipt of the leave application. The grievance voiced by the petitioner in the Writ Petition is that the Manager did not forward the leave application to the Director of Higher Secondary Education. It is stated that the Manager is insisting that the petitioner should resign from the post. 2. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to forward Exhibit P1 Leave Application to the 3rd respondent in compliance of Rule 58(2) of Chapter XIV A KER as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court. W.P.(C) No. 11912 OF 2008 2 ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents 2 and 3 to pass orders on Exhibit P1 Leave Application as expeditiously as possible at any rate within a time limit to be prescribed by this Honourable Court, and iii) grant such other reliefs as this Honourable Court may deem fit on the facts and circumstances of the case.” 3. The Manager has filed a counter affidavit in which it is stated that the petitioner had actually resigned the job as per Ext. R4(a). As per Ext. R4(b), the Manager had accepted the resignation of the petitioner and forwarded it to the Department . However, it is stated that, before approval of the Department, the petitioner had withdrawn the application for resignation and submitted an application for Leave Without Allowance. On receipt of the application for leave, the Manager states that he has forwarded the same to the Regional Deputy Director of Higher Secondary Education as per Ext. R4 (d) covering letter dated 09.05.2008. It is pointed out that there was a change of management and that caused delay in forwarding the leave application. 4. Anyhow, now it is clear that the application has been forwarded to the third respondent. Therefore, it is necessary to direct the third respondent to forward the application of the petitioner to the first respondent and to direct the first respondent to consider the leave application on the merits. Accordingly, the Writ Petition is disposed of as follows: i) The third respondent shall forward the application for Leave Without Allowance submitted by the petitioner to the first respondent within a period of W.P.(C) No. 11912 OF 2008 3 two weeks from the date of receipt of a copy of the judgment. ii) On receipt of the same, the first respondent shall consider and dispose of the application, as expeditiously as possible, and at any rate within a period of one month from the date of receipt of the application as forwarded by the third respondent. iii) The petitioner shall produce a copy of the Writ Petition, copy of the counter affidavit filed by the 4th respondent and certified copy of the judgment before the third respondent without delay and the 3rd respondent shall forward the same along with the application for leave to the first respondent. K.T. SANKARAN, JUDGE. lk