IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18662 of 2009(C) -------------------------- PETITIONER(S): --------------- N.M.KULSU, D/O. N.K.MOHAMMED AGED 46 YEARS, RESIDING AT NAROTHU PARAMBIL HOUSE IRUNILAKODE PO, MULLURKARA, THRISSUR. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION) DIRECTORATE OF EDUCATION, THRISSUR. 3. ASSISTANT EDUCATION OFFICER MULLURKARA, THRISSUR. 4. THE HEADMASTRESS GOVERNMENT L.P.S, MULLURKARA, THRISSUR. R1 TO R3 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 18662 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2009. JUDGMENT The petitioner herein was appointed as a Part Time Menial in Government L.P. School, Pallam on 12.3.2009. The petitioner was subsequently posted in Government L.P. School, Varavoor and thereafter she was posted to Government L.P. School, Mullurkara. Her probation was declared with effect from 11.3.2009 and the appointment was regularised as per order No.A6-1557/1999 dated 24.12.1999. 2. The petitioner had applied for leave without allowance on 11.11.2004 for a period of five years for employment abroad. But the employment did not materialise and the petitioner therefore reported back for duty in October, 2005. It is averred that she was directed to wait, to get permission in the matter. Subsequently, she met with an accident on 17.12.2005 whereby severe injuries have been suffered by her. The petitioner had to undergo treatment for a long period also. 3. By Ext.P3, the petitioner was promoted as Full Time Menial. Presently, her problem appears to be that she is not allowed to rejoin duty. The objection stated is that the leave period has not been regularised. In wpc 18662/2009 2 these circumstances, the petitioner has approached the Deputy Director of Education by filing Ext.P5 representation. 4. It is evident from Ext.P3 that the petitioner has been promoted with effect from 1.3.2006. The fact remains that she could not rejoin duty so far, presumably due to want of permission from competent authorities. Therefore, there will be a direction to the second respondent to consider and pass orders on Ext.P5 in accordance with law, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/