Ganga Balakrishnan vs State Of Kerala
2024 Latest Caselaw 31128 Ker

Kerala High Court

Ganga Balakrishnan vs State Of Kerala on 1 November, 2024

                                              2024:KER:81239

WPC.No.25101/24               1


         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                  WP(C) NO. 25101 OF 2024

PETITIONER:

         GANGA BALAKRISHNAN,
         AGED 52 YEARS,
         W/O.LATE BALAKRISHNAN, BHAVANA VIHAR, KARULAI,
         NILAMBUR, MALAPPURAM, PIN - 679 331.


         BY ADVS.
         SOHAIL MOHAMMED ANSARY
         V.RAJENDRAN (SR.)
         M.S.MOHAMMED ANSARY
         AMEENA.R



ESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

    2    THE DIRECTOR GENERAL OF EDUCATION,
         JAGATHI, THIRUVANANTHAPURAM, PIN - 695 014.

    3    THE ASSISTANT EDUCATIONAL OFFICER,
         ASSISTANT EDUCATIONAL OFFICE,
         WANDOOR, PIN - 678 328.
                                                       2024:KER:81239

WPC.No.25101/24                      2


    4          THE HEADMASTER,
               KMM AIDED UPPER PRIMARY SCHOOL,
               CHERUCODE- WANDOOR, MALAPPURAM DISTRICT,
               PIN - 679 328.


OTHER PRESENT:

               SRI.Premchand R.Nair, Sr.GOVERNMENT PLEADER


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   01.11.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                 2024:KER:81239

WPC.No.25101/24                   3



                         JUDGMENT

The petitioner is a Junior Language Teacher (Hindi) in the

aided school managed by the 5th respondent. The petitioner

applied for LWA for 91 days from 01.01.2020 to take her

mentally challenged son to the Academy of Magical Sciences,

Thiruvananthapuram, to attend a course at the Different Arts

Centre. The same was sanctioned only for the period from

01.01.2020 to 31.01.2020. However, the petitioner rejoined

the duty only on 01.06.2020. The case of the petitioner is that,

even though the petitioner applied for LWA for the period from

01.01.2020 for a period of 91 days, which comes along with

April-May vacation for the purpose mentioned above, sanction

was granted only for a period of one month, which was not

communicated to the petitioner.

2. In such circumstances, the petitioner submitted

Ext.P10 representation before the 1 st respondent, highlighting

her grievances, which is now pending consideration. The

limited prayer sought by the petitioner is to direct the 1 st

respondent to take a decision thereon within a time frame.

2024:KER:81239

3. After hearing the learned counsel for the petitioner

and the learned Government Pleader, I am inclined to dispose

of this writ petition.

Accordingly, it is ordered that, the 1 st respondent shall

take up Ext.P10 and appropriate orders thereon shall be

passed in accordance with law, after hearing the petitioner,

within a period of three months from the date of receipt of a

copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/1.11.24 2024:KER:81239

APPENDIX OF WP(C) 25101/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE ALONG WITH THE IDENTITY CARD OF THE SON OF THE PETITIONER

Exhibit P2 TRUE COPY OF GOVERNMENT ISSUED CIRCULAR NO.J1/289/2019/G.EDN DATED 13/02/2020

Exhibit P3 TRUE COPY OF LETTER DATED 20/03/2020

Exhibit P4 TRUE COPY OF LETTER NO.DGE/8157/2020-A5 DATED 28/09/2020

Exhibit P5 TRUE COPY OF GOVERNMENT IN LETTER NO.J2/12/2021/G.EDN DATED 17/02/2021

Exhibit P5(a) READABLE COPY OF EXHIBIT P5

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 9/3/2022

Exhibit P7 TRUE COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT

Exhibit P8 TRUE COPY OF THE LETTER DATED 22/5/2024 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT

Exhibit P9 TRUE COPY OF THE ORDER OF THE GOVERNMENT SANCTIONING LWA

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 27/05/2024