IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8494 of 2010(J)
1. T.ANILKUMAR, UPSA (ON LWA)
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DISTRICT EDUCATION OFFICER,
3. THE MANAGER,
4. THE HEAD MASTER,
5. DILEEP KUMAR K
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/03/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) No. 8494 of 2010
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Dated this, the 15th day of March, 2010.
J U D G M E N T
The petitioner is a UPSA in an aided school, who was appointed
with effect from 7-6-2002 and his appointment was approved. The
petitioner availed of 5 years’ leave without allowances for accepting
employment abroad. But, since he lost his job abroad, he filed Exts.
P3, P3(a), P4 and P4(a) requests before the manager and headmaster
of the school to allow him to rejoin duty cancelling unavailed portion
of his leave. The petitioner alleges that his request is not being
considered to protect the employment of the 5th respondent, who
would be liable to be retrenched, if the petitioner is to be allowed to
join duty. Therefore, the petitioner submitted Ext. P5 petition before
the 2nd respondent for a direction to the manager to allow the
petitioner to join duty. That request is also not being considered. The
petitioner submits that if the petitioner is not allowed to join duty
before 31-3-2010, he is likely to loose his promotion on the ground
that as on the date of occurrence of vacancy, he was on leave without
allowances.
2. I have heard the learned Government Pleader also.
3. In the facts and circumstances of the case, I dispose of this
writ petition with a direction to the 2nd respondent to pass orders on
Ext. P5 as expeditiously as possible, at any rate, within one month
from the date of receipt of a copy of this judgment, after affording an
opportunity of being heard to the petitioner and respondents 4 and 5.
The 2nd respondent shall try his best to dispose of Ext. P5 before 31-3-
2010, if possible.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.