Boby.A.K vs Principal Manjapara Vocational ...
2022 Latest Caselaw 6731 Ker

WP(C) NO. 14663 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                    WP(C) NO. 14663 OF 2021
PETITIONER/S:

          BOBY.A.K
          AGED 46 YEARS
          W/O.SHINE T.J.(SENIOR CLERK VOCATIONAL HIGHER
          SECONDARY SCHOOL,MANJAPARA,KOTTARAKKARA TALUK,
          KOLLAM DISTRICT)RESIDING AT MEHFIL,WEST HSS ROAD,
          MARKET JUNCTION,ANJAL.P.O, PATHANAPURAM,
          KOLLAM DISTRICT,PIN-691306

          BY ADV THIRUMALA P.K.MANI


RESPONDENT/S:

    1     PRINCIPAL
          MANJAPARA VOCATIONAL HIGHER SECONDARY SCHOOL,
          MANJAPARA.P.O,
          AYUR,KOLLAM DISTRICT,PIN-691533.

    2     THE ADDITIONAL CHIEF SECRETARY
          FINANCE DEPARTMENT,
          GOVERNMENT OF KERALA,SECRETARIAT,
          THIRUVANANTHAPURAM,PIN-695001.

    3     ASSISTANT DIRECTOR
          REGIONAL OFFICE,
          VOCATIONAL HIGHER SECONDARY WING
          DEPARTMENT OF GENERAL EDUCATION,
          BAVANA NAGAR,KOLLAM,PIN-691008.

    4     THE DIRECTOR OF GENERAL EDUCATION,
          VOCATIONAL HIGHER SECONDARY EDUCATIONAL WING,
          OFFICE OF THE DIRECTORATE OF GENERAL
          EDUCATION,JAGATHY,THIRUVANANTHAPURAM,PIN-695014.

    5     SECRETARY TO THE VOCATIONAL HIGHER SECONDARY WING,
          DEPARTMENT OF GENERAL EDUCATION,
          SECRETARIAT,THIRUVANANTHAPURAM,
          PIN-695001.
 WP(C) NO. 14663 OF 2021           2

    6     THE PRINCIPAL SECRETARY
          GOVERNMENT OF KERALA,
          DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT,
          THIRUVANANTHAPURAM,PIN-695001.
    7     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY,
          SECRETARIAT,THIRUVANANTHAPURAM-695001.
          BY ADVS.

          ADVOCATE GENERAL OFFICE KERALA

          SMT. ANIMA M., GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14663 OF 2021                     3

                                  JUDGMENT

The petitioner states that she joined the service as a Clerk in the

Manjapara Vocational Higher Secondary School, Ayur, Kollam on 22.10.1993 and

later she was promoted as a Senior Clerk. As her husband was working as a

Pediatrician in King Fahd Medical College, Riyadh, she availed Leave Without

Allowance (LWA) for the period from 17.09.2019 to 30.04.2020. Leave was

granted as per Part I Appendix XIII C of the KSR as is evident from Ext.P1 order.

2. Later, she submitted Ext.P2 application before the 1st respondent and

requested that the leave be extended from 01.05.2020 to 30.04.2025. The

petitioner relies on Ext.P5 series and contends that all the requisite documents

were submitted before the 1st respondent. She has also submitted Ext.P6

representation giving detailed reasons for seeking an extension. According to

the petitioner, while her application was pending consideration, Ext.P7 order

dated 05.11.2020 was issued by the 2nd respondent limiting the period of Leave

Without Allowance to 5 years from the existing 20 years. Ext.P7 was followed

up with Ext.P8 circular wherein it is stated that no application for extension shall

be considered after 5 years. On the basis of Exts.P7 and P8, the application

filed by the petitioner was taken up and the same was rejected by Ext.P9 order.

It is in the afore circumstances, that the petitioner is before this Court seeking

for a declaration that Clause (2) of Ext.P7 and Clause (3) of Ext.P8 are illegal

and for quashing Ext.P9.

3. In the statement filed on behalf of the 2nd respondent, it is stated

that the petitioner herein after availing LWA for more than 8 years has

submitted a formal application for extension of LWA only after the expiry of the

sanctioned period of LWA. It is also stated that the Government has issued

Ext.P7 order limiting the maximum period of LWA in the entire service of an

officer to 5 years. It is in the said circumstances the application of the petitioner

for extension of LWA was rejected by the Government.

4. Sri. Thirumala PK Mani, the learned counsel appearing for the

petitioner submitted that there is no justification on the part of the respondents

in rejecting the request of the petitioner. It is further submitted that the

petitioner has now submitted Ext.P12 representation before the DGE expressing

her willingness to join service with immediate effect and the limited request of

the petitioner at this stage is for issuance of directions to the 4th respondent to

consider and pass orders on Ext.P12 within a time frame with due notice.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the bar and the facts and circumstances,

I am of the view that this writ petition can be disposed of by issuing the

following directions:

a) There will be a direction to the 4th respondent to take up,

consider and pass appropriate orders on Ext.P12 after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or her authorized representative and the 1st

respondent.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of three weeks from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 14663/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE PHOTOCOPY OF THE ORDER DATED 20.09.2019 PASSED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF THE LETTER DATED 15.03.2020 FORWARDED TO THE 1ST RESPONDENT SEEKING PERMISSION FOR LEAVE WITHOUT ALLOWANCE FROM 01.05.2020 TO 30.04.2025

Exhibit P3 TRUE COPY OF THE DECLARATION DATED 30.04.2020 AND APPLICATION FOR ISSUE NON OBJECTION CERTIFICATE SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 30.04.2020 ISSUED BY THE 1ST RESPONDENT

Exhibit P5 TRUE PHOTOCOPY OF FORM NO.13,APPLICATION FOR LEAVE DATED 28.12.2020 FROM 01.05.2020 TO 30.05.2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P5(a) TRUE COPY OF THE CERTIFICATE REGARDING THE ADMISSIBILITY OF THE LEAVE SIGNED BY THE 1ST RESPONDENT

Exhibit P5(b) TRUE COPY OF THE PERFORMA REPORT SUBMITTED BY THE 1ST RESPONDENT DATED 28.12.2020.

Exhibit P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 22.02.2021 SUBMITTED BEFORE THE 5TH RESPONDENT.

Exhibit P7 TRUE PHOTOCOPY OF THE ORDER BEARING NO.152/2020/FINANCE DATED 05.11.2020 PASSED BY THE 2ND RESPONDENT

Exhibit P8 TRUE PHOTOCOPY OF THE CIRCULAR DATED 30.12.2020 IMPLEMENTING THE EXT.P7 ISSUED BY THE 2ND RESPONDENT.

Exhibit P9 TRUE PHOTOCOPY OF THE LEAVE REJECTION ORDER DATED 03.06.2021 ISSUED BY THE 6TH RESPONDENT

Exhibit P10 TRUE COPY OF THE KERALA PUBLIC SERVICE ACT, 1968 (ACT 19 OF 1968)

Exhibit P11 TRUE COPY OF THE ORDER DATED 01.12.2010 AMENDING THE PART I APPENDIX XIIA AND XIIC

TRUE PHOTOCOPY OF THE REPRESENTATION DATED 7/6/2022 SUBMITTED BY THE PETITIONER TO THE Exhibit P12 4TH RESPONDENT THROUGH THE 1ST RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL