IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WP(C).No. 15055 of 2009(B) -------------------------- PETITIONER(S): --------------- A.M.SHALI, U.P.S.A., S.M.HIGHER SECONDARY SCHOOL, CHERAI, ERNAKULAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, EDAVANAKKAD, ERNAKULAM DIST. 4. THE MANAGER, S.M.HIGHER SECONDARY SCHOOL, CHERAI, ERNAKULAM DIST. 5. THE HEADMISTRESS, S.M.HIGHER SECONDARY SCHOOL, CHERAI, ERNAKULAM DIST. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15055/2009-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of June, 2009 J U D G M E N T The petitioner herein was sanctioned leave without allowance as per Ext.P2 order while working as U.P.S.A in the Sahodaran Memorial Higher Secondary School, Cherai. The leave was sanctioned for the period from 01/04/2008 to 31/05/2010. On 24/04/2009, the petitioner reported before the Manager to join duty but that was not permitted. 2. By Ext.P3 letter dated 18/05/2009, addressed to the Headmistress, the petitioner had expressed her desire to rejoin duty by cancelling the unavailed portion of leave. A medical fitness certificate was also produced. Going by Note 1 to Rule 72 of Part I K.S.R, no formal cancellation of the unexpired portion of leave is necessary when an officer returns to duty before the expiry of leave. The decision of this Court in Sreeja v. A.E.O [2000 (2) KLT SN 80] interpreting the above Rule is also mentioned therein. The petitioner was given reply by the Manager as per Ext.P4 stating that the application cannot be considered. By Ext.P5, the Headmistress informed the petitioner that for returning to duty before the expiry of the period of leave granted, the permission of the Leave W.P.(C). No.15055/2009 -:2:- Sanctioning Authority is required . Relying upon Rule 72 of Part I K.S.R., the petitioner has got a contention that the stand taken in Exts.P4 and P5 cannot be sustained. Now the petitioner has moved the Government by filing Ext.P6 representation. The learned counsel for the petitioner submitted that in the light of the fact that the petitioner has already returned and is prepared to join duty, an expeditious disposal of the representation is required. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P6 within a period of three weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms