IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 30582 of 2010(W) ----------------------------------- PETITIONER(S): -------------------- ANIL KUMAR.T., HSST SOCIOLOGY, SNDP HSS, KAZHIMBRAM, THRISSUR DISTRICT. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM- 695 001. 3. REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DIRECTOR, EDAPPALLY, ERNAKULAM, 682 027. BY GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 30582/2010(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS OF THE MANAGER RECOMMENDING LEAVE ALONG WITH ORIGINAL LEAVE APPLICATION OF THE PETITIONER. P2: COPY OF THE MEDICAL CERTIFICATE DATED 20/07/2009 ISSUED MEDICAL ONCOLOGIST. P3: COPY OF THE FRESH APPLICATION FOR LEAVE WITHOUT ALLOWANCES SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT AND THE RECOMMENDATION LETTER OF THE MANAGER. P4: COPY OF THE JUDGMENT DATED 30/03/2010 IN WPC.NO.11010/2010 P4(a):COPY OF THE NOTICE FOR HEARING FROM THE GOVERNMENT DATED 03/06/2010. P4(b):COPY OF POSTAL COVER WITH SEAL DATED 08/06/2010. P4(c):COPY OF REPRESENTATION DATED 15/06/2010 SENT BY THE PETITIONER TO THE GOVERNMENT FOR A FRESH HEARING. P5: COPY O FTHE G.O.(RT)NO.3458/2010/GEN.EDN. DATED 03/08/2010. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30582/2010-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2011 J U D G M E N T The petitioner challenges Ext.P5 order passed by the Government. Earlier, the petitioner had approached this Court by filing W.P.(C).No.11010/2010. Therein, this Court disposed of the writ petition with a direction to the first respondent to pass orders on Ext.P3, after affording an opportunity of being heard to the representative of the petitioner. In paragraph (4) of Ext.P5 order it is recorded that even though as directed in the Judgment an opportunity for hearing which was scheduled on 10/06/2010 was given by the Under Secretary to Government to the petitioner, he did not turn up. The learned counsel for the petitioner while relying upon Exts.P4(a) and P4(b), namely, the notice for hearing and the cover of the notice, submits that the endorsement on the cover evidences the fact that the notice was received only on 14/06/2010, that is, four days after the date of hearing. It is therefore pointed out that the petitioner should have been furnished a further opportunity. W.P.(C). No.30582/2010 -:2:- 2. In the light of the above, the matter will have to be reconsidered after notice to the petitioner. 3. Therefore, the writ petition is allowed. Ext.P5 is quashed. As directed in Ext.P4 Judgment, the petitioner should be given a due opportunity for a personal hearing. A fresh notice in advance will be given from the proposed date of hearing for enabling the petitioner or his representative to appear for hearing. The first respondent will reconsider the matter and pass appropriate orders, at any rate, within two months from the date of receipt of a copy of this Judgment. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms