IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 16988 of 2011(W) ------------------------ PETITIONER : -------------------- JAYAMMA XAVIER, AGED 47, W/O.FRANCIS XAVIER, PALAPARAMBIL HOUSE, NAZRETH, COCHIN 682 002. BY ADV. SRI.MANU ROY RESPONDENT(S): ------------------------- 1. THE DEPARTMENT OF EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY - 689 501. 2. THE DEPUTY DIRECTOR (EDUCATION), ERNAKULAM - 682 018. R1 & R2 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 16988 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF G.O.NO. 5009/08/G.EDN DATED 12-11-2008. EXT.P2 : COPY OF LETTER DATED 01-04-2011. EXT.P3 : COPY OF LETTER DATED 01-04-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.16988 Of 2011-W -------------------------------------------------- DATED THIS THE 30TH DAY OF JUNE, 2011 J U D G M E N T The main prayer in the Writ Petition is for a direction to the respondents to treat the period from 1.4.2011, the date of Exhibit P1 rejoining letter till the date of rejoining duty, as the service period for calculating the service benefits to the petitioner. She is also seeking for a direction to allow her to rejoin in a vacancy which is pointed out in Exhibit P3 representation. 2. The petitioner had availed Leave Without Allowance from 28.10.2008 to 1.11.2011 to join her husband who is at Muscat. The leave was sanctioned as per Exhibit P1 order. On return in March 2011, she expressed her willingness to rejoin duty after cancelling the unavailed portion of leave. Accordingly she submitted Exhibit P2 letter to the Headmistress of the Government Higher Secondary School, Central Calvathy for permission to rejoin duty and thereafter she approached the 2nd respondent by filing representation also, which is evident from Exhibit P3. 3. The learned Government Pleader on getting instructions submitted that normally for cancelling and rejoin service three months' notice was required and herein the petitioner's first application is dated W.P.(C)No.16988/11 -2- 5.4.2011. Even prior to that on line applications for transfer of teachers were invited and therefore the request of the petitioners could not be finalised. It is pointed out that in the vacancy pointed out by the petitioner in Exhibit P3, a senior Physical Education hand has been accommodated. There was a vacancy in the GRFHS, Thevara; but therein the Physical Education Teacher will be also in charge as the Warden of the Men's Hostel and even though that proposal was made to the petitioner, she is not willing for the same. It is prayed that some more time will be required to find out a suitable vacancy for accommodating the petitioner and action will be finalised in that regard without delay. It is also submitted by the learned Government Pleader that if vacancies are not available in Ernakulam District, the petitioner will have to join any other schools in the nearby Districts and the learned counsel appearing for the petitioner submitted that the petitioner is willing for the same also. The second respondent is therefore directed to take a decision accordingly expeditiously. The Writ Petition is accordingly disposed of. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn