IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11010 of 2010(A) -------------------------- PETITIONER(S): --------------- ANIL KUMAR.T., HSST SOCIOLOGY, SNDP HSS, KAZHIMBRAM, THRISSUR DISTRICT. BY ADV. MR.PAULSON THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM 3. REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DIRECTOR EDAPPALLY, ERNAKULAM. BY MR.T.T.MUHAMMOOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ---------------------- WP(C) No. 11010 of 2010 ------------------------------------------- Dated this the 30th day of March 2010 J U D G M E N T Petitioner is a Higher Secondary school teacher in an aided Higher Secondary School. He applied for leave without allowances for a period of 5 years from 20.12.2008 to 19.12.2013 for joining his spouse at USA. Since there was delay in granting the leave, petitioner proceeded on leave on 28.01.2009 in anticipation of sanction of leave. Subsequently petitioner was diagnosed with Cancer and he was forced to return to India to undergo treatment. In view of the above circumstances, the Manager of the school permitted the petitioner to rejoin duty with effect from 25.11.2009. Consequently, the petitioner filed Ext.P3 application for grant / regularization of leave without allowances for a period of 300 days from 28.01.2009 to 24.11.2009. The Manager has recommended the leave as evident from Ext.P3 itself. The grievance of the petitioner is that the 3rd respondent is not forwarding Ext.P3 to the first respondent, who is the authority to sanction the leave. It is under the above circumstances petitioner has filed this writ petition seeking the following reliefs. "i) Issue a writ of mandamus or direction directing the 3rd respondent to forward Ext.P3 leave application of the petitioner to the 1st respondent Government within the time limit to be fixed by this Honourable Court and further direct the Government to consider the same and pass orders within the time frame to be fixed by this Honourable Court after affording an opportunity of hearing to the petitioner." 2. I have heard the learned Government Pleader also. 3. I am of opinion that on receipt of Ext.P3, the 3rd respondent ought to have forwarded the same to the first respondent for due consideration in accordance with law. Accodingly this writ petition is disposed of with a direction to the 3rd respondent to forward Ext.P3 to the first respondent for consideration as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. The first respondent shall consider and pass orders on Ext.P3, after affording an opportunity of being heard to a representative of the petitioner as expeditiously as possible, at any rate within one month from the date of receipt of the same. S.SIRI JAGAN JUDGE DMB