IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34165 of 2011(U) ------------------------------------ PETITIONER(S): ---------------------- JOHNSON JOSEPH, (HIGH SCHOOL ASSISTANT (ENGLISH)), KUZHIKKATTU HOUSE, KAITHAPURAM P.O., MADAMPAM, KANNUR-670631. BY ADV. SRI.PHILIP M.VARUGHESE SRI.K.K.JAYARAJ NAMBIAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY, KOTTAYAM-686604. 3. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF SCHOOLS, ARCHEPARCHY OF KOTTAYAM, CHAITHANYA PASTROL CENTRE THELLAKOM P.O., KOTTAYAM-686016. R1 & R2 BY GOVERNMENT PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 34165/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE LETTER DT.17-6-2011 SENT BY THE WIFE OF THE PETITIONER TO THE R2. EXT.P2(A): TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD. EXT.P2(B): TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD. EXT.P2(C): TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD. EXT.P3: TRUE COPY OF THE LETTER DT.28-8-2010 SENT BY THE PETITIONER FOR EXTENSION OF LEAVE. EXT.P4: TRUE COPY OF THE RESIGNATION LETTER DT.23-9-2010. EXT.P5: TRUE COPY OF THE ORDER NO.B3/4073/07/K.DIS.DATED 27-10-2010 ISSUED BY THE R2. EXT.P6: TRUE COPY OF THE LETTER DT.16-11-2011 ISSUED BY THE R2. EXT.P7: TRUE COPY OF THE PETITION DT.26-11-2011 SUBMITTED BY THE PETITIONER BEFORE THE R1. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.34165 of 2011 ---------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT While working as a High School Assistant (English) in the aided School managed by the 3rd respondent, the petitioner availed of leave without allowances for accepting employment abroad. The petitioner was working in Libya. The petitioner submits that because of civil war in that country, the petitioner could not come back to rejoin duty after the expiry of his leave. The petitioner claims to have filed an application for extension of leave because of such conditions. Later, the petitioner came back to India and approached the respondents for rejoining duty. But, the petitioner was informed that the petitioner had already resigned from the service by Ext.P4 resignation letter. The petitioner submits that the signature in Ext.P4 resignation letter is not that of the petitioner. But, by Ext.P6, the District Educational Officer rejected the contention of the petitioner. In the above circumstances, the petitioner has filed Ext.P7 petition before the 1st respondent. The petitioner seeks a direction to the W.P.(C)No.34165/11 2 1st respondent to consider and pass orders on Ext.P7 expeditiously. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P7, after affording an opportunity of being heard to the petitioner as well as the 3rd respondent as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It would be open to the petitioner to produce appropriate documents in support of his contentions before the 1st respondent. S. SIRI JAGAN, JUDGE acd W.P.(C)No.34165/11 3 W.P.(C)No.34165/11 4