IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 34287 of 2010(I) PETITIONER: --------------- ANUPAMA E.H.,H.S.S.T.(ENGLISH) GOVT.H.S.S., PUTHUPPADI, KOZHIKODE BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY GENERAL EDUCATION DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM-695001 2. DIRECTORATE OF HIGHER SECONDARY EDUCATION, REP.BY DIRECTOR, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695001 3. PRINCIPAL, GOVT.H.S.S PUTHUPPADI,KOZHIKODE PIN-673586. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.34287 OF 2010 I ------------------------------------------------------ Dated this the 6th day of December, 2010 JUDGMENT The petitioner was appointed as HSST (English) at Government Higher Secondary School, Vadanamkurissi with effect from 28.1.2005. She applied for leave without allowance on medical ground for 59 days with effect from 2.6.2005. That leave was granted by the Principal of Government HSS, Vadanamkurissi, as per Ext.P1 order dated 1.6.2005. The petitioner also applied for leave without allowance for the period from 1.6.2005 to 31.5.2010 to join her spouse abroad. The Government, as per Ext.P2 order dated 30.6.2005, sanctioned leave without allowance for a period of five years from the “date of avail” subsequent to the order dated 30.6.2005, as per the provisions of Appendix XII C Part I of the Kerala Service Rules. The petitioner went abroad. Before the expiry of the leave period, she applied for rejoining duty on 2.6.2010. As per Ext.P5 order dated 1.6.2010 issued by the Director of Higher Secondary Education, the petitioner was allowed to rejoin duty on 2.6.2010 and she was posted at Government Higher Secondary School, Puthuppady, Kozhikode. Accordingly, she joined duty. W.P.(C) NO.34287 OF 2010 I :: 2 :: 2. The petitioner applied for leave without allowance for a further period of five years from 1.6.2010 to 31.5.2015. That application is dated 17.5.2010. The Government as per Annexure R1(a) order dated 2.6.2010 (Order No.30706/U2/10/Gl.Edn. dated 2.6.2010) rejected the application for leave without allowance for the period from 1.6.2010 to 31.5.2015. In Annexure R1(a) order it is stated that the petitioner entered on leave without allowance before getting it sanctioned from the Government. Accordingly, the Director was directed to take action against the petitioner for unauthorized absence from duty. Ext.P6 memo dated 3.7.2010 was issued to the petitioner directing her to submit explanation as to why she entered on leave without allowance from 2.6.2005 before it was granted. The petitioner submitted Ext.P7 explanation dated 26.7.2010. 3. The reliefs prayed for in the Writ Petition are the following: “(i) issue a writ of mandamus or any other writ, order or direction commanding the respondents to take action on Ext.P3 application without referring to Ext.P6 memo. W.P.(C) NO.34287 OF 2010 I :: 3 :: (ii) issue a writ of mandamus or any other writ, order or direction commanding the respondents to pass orders on Ext.P7 objection. (iii) issue a writ of certiorari or any other writ, order or direction to quash Ext.P6 memo dated 3.7.2010. (iv) issue such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 4. The petitioner was not aware of the rejection of Ext.P3 application for leave without allowances for the period from 1.6.2010 to 31.5.2015. Such a rejection was made as per Annexure R1(a) order No.30706/U2/10/Gl.Edn. dated 2.6.2010 passed by the Government. The leave applied for as per Ext.P3 was rejected on the ground that the petitioner had entered on leave before it was sanctioned by the Government on an earlier occasion. In Annexure R1(a) order, the relevant dates are not mentioned. However, it is clear that the rejection of Ext.P3 application was on the ground that before granting leave without allowances for the period from 1.6.2005 to 31.5.2010, the petitioner was unauthorisedly absent from 2.6.2005 onwards for a period of 59 days. Learned Government W.P.(C) NO.34287 OF 2010 I :: 4 :: Pleader submitted that Ext.P1 order dated 1.6.2005 passed by the Principal granting leave without allowances for 59 days on medical ground with effect from 2.6.2005 was not brought to the notice of the first respondent while passing Annexure R1(a) order. Since leave for the whole period from 2.6.2005 to 31.5.2010 was regular in view of Ext.P1 order passed by the Principal and also Ext.P2 order dated 30.6.2005 passed by the Government, there was no justification for rejecting the application for leave without allowances for the period from 1.6.2010 to 31.5.2015 on the ground mentioned above. However, the application for leave without allowances for the period from 1.6.2010 to 31.5.2015 requires to be considered on the merits. That was not done in Annexure R1(a). Therefore, I am of the view that Annexure R1(a) order dated 2.6.2010 passed by the Government is liable to be quashed. I do so. The first respondent shall consider Ext.P3 application for leave submitted by the petitioner afresh on the merits, as expeditiously as possible and, at any rate, within a period of one month from the date of receipt of a copy of the judgment. 5. Ext.P6 memo dated 3.7.2010 was issued to the petitioner W.P.(C) NO.34287 OF 2010 I :: 5 :: on the basis of the order dated 2.6.2010 (Annexure R1(a)) passed by the Government. Since Annexure R1(a) is quashed, there is no existence for Ext.P6 memo. Accordingly, Ext.P6 memo is also quashed. No further proceeding is required in respect of the matter mentioned in Ext.P6 memo. The Writ Petition is allowed as above. (K.T.SANKARAN) Judge ahz/