IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 26268 of 2010(G) PETITIONER: --------------- MANAGER, CHATTANCHAL HIGHER SECONDARY SCHOOL, P.O.THEKKIL, KASARAGOD DISTRICT 671 541. BY ADV. SRI.POOVAMULLE PARAMBIL ABDUL KAREEM RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SHANTHI NAGAR, THIRUVANANTHAPURAM 1. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE-1. 4. MURALIDHARAN P., HSST (JUNIOR) CHATTANCHAL HSS, PALAMANGALAM, UPPLIKKAL P.O., 671 314, KASARAGOD DISTRICT. 5. THE PRINCIPAL, CHATTANCHAL HIGHER SECONDARY SCHOOL, P.O.THEKKIL, KASARAGOD DISTRICT - 671 541. R4 BY ADV. SRI.SURESH KUMAR KODOTH R1 AND R2 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010,ALONG WITH W.P.(C) NO.36011 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NOS.26268 & 36011 OF 2010 ------------------------------------------------------ Dated this the 9th day of December, 2010 JUDGMENT P.Muraleedharan, the petitioner in W.P.(C) No.36011 of 2010, was working as HSST (English) (Junior) in Chattanchal Higher Secondary School, Thekkil, Kasaragod District. He applied for leave without allowances for three years from 10.12.2008 to 9.12.2011 for taking up employment abroad. The application for leave without allowances is dated 26.11.2008. 2. It would appear that the application for leave without allowances was submitted to the Principal. The Principal took the view that he was not the authority to whom the application should be submitted. However, he did not inform P.Muraleedharan that the application was not submitted to the proper authority. The view of the Principal is that the Manager is the authority to whom the application should be submitted. But, the Principal did not forward the application to the Manager as well. The result was that the leave application was not forwarded to the proper authority, namely, the Government, for consideration and disposal of the same. W.P.(C) NOS.26268 & 36011 OF 2010 :: 2 :: 3. Meanwhile, on the ground that from 10.12.2008 P.Muraleedharan was on unauthorised absence, the Manager initiated disciplinary proceedings against P.Muraleedharan. A memo of charges dated 29.12.2008 was issued to P.Muraleedharan. P.Muraleedharan submitted a reply dated 20.1.2009. The Manager took the view that the disciplinary proceedings should be continued and therefore, an enquiry by the Regional Deputy Director, Higher Secondary Education is required. The Manager addressed letters to the Regional Deputy Director, Higher Secondary Education to conduct an enquiry. The Regional Deputy Director did nothing. He neither accepted the request of the Manager nor refused it. 4. While so, P.Muraleedharan submitted a representation dated 8.6.2010 to the Manager with copy to the Regional Deputy Director and the Principal, pointing out the unenviable situation in which he was placed and requesting all of them to take steps to grant the leave applied for and to drop the disciplinary proceedings. No order was passed by the Manager or by the Regional Deputy Director on the representation submitted by P.Muraleedharan. W.P.(C) NOS.26268 & 36011 OF 2010 :: 3 :: P.Muraleesharan filed W.P.(C) No.36407 of 2008, complaining that his application for leave without allowances was not being considered and that the required No Objection Certificate was not issued by the Regional Deputy Director. W.P.(C) No.36407 of 2008 was disposed of, as per the judgment dated 10.12.2008, directing the Regional Deputy Director to pass appropriate orders to redress the grievance of P.Muraleedharan, in case the Manager or the Principal had not processed the application for leave without allowances. It is stated that even after the judgment in W.P.(C) No.36407 of 2008, the Regional Deputy Director did not pass any order. 5. Now the resultant position is this. (1)The petitioner applied for leave without allowances; (2) He was on unauthorised absence before granting leave; (3) The leave application was not processed properly; (4) The leave application was not considered by any authority; (5) On the basis of unauthorised absence, disciplinary proceedings were initiated against P.Muraleedharan; (6) The Manager took the view that enquiry should be conducted in the disciplinary proceedings and he requested the Regional Deputy W.P.(C) NOS.26268 & 36011 OF 2010 :: 4 :: Director to do the same; (7) The Regional Deputy Director did not do anything on that request; (8) Thus the leave application is not considered and the disciplinary proceedings initiated on the ground that P.Muraleedharan was on unauthorised absence is in the standstill. The deadlock has to be removed and something is to be done. In the facts and circumstances mentioned above, the Writ Petitions are disposed of as follows: a) The Government shall consider the application for leave without allowances submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to P.Muraleedharan, the Manager and the Principal. b) If “No Objection Certificate” or report or any other remarks or comments is to be obtained from the Regional Deputy Director, the Principal or the Manager, the Government shall W.P.(C) NOS.26268 & 36011 OF 2010 :: 5 :: direct them to do so and they should comply with the same without any default. c) After the disposal of the application for leave without allowances submitted by P.Muraleedharan, as mentioned above, the Regional Deputy Director shall consider the request made by the Manager to conduct enquiry in the disciplinary proceedings initiated against P.Muraleedharan. Appropriate orders shall be passed by the Regional Deputy Director within a period of two months after the order is passed by the Government on the application submitted by P.Muraleedharan for leave without allowances. (K.T.SANKARAN) Judge ahz/