IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29362 of 2010(U)
1. SREEJESH.P.T.,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/09/2010
O R D E R
K.T.SANKARAN, J.
------------------------------
W.P.(C).No.29362 OF 2010
------------------------------
Dated this the 30th day of September, 2010
JUDGMENT
The petitioner is now working as Night
Watchman in Panampally Memorial Government College,
Chalakudy. He was appointed on 9.6.2010 as per
Ext.P1 order. It is stated that as per Ext.P1, the
petitioner joined service on 19.6.2010. The
petitioner states that when Ext.P1 order of
appointment was issued, he was undergoing Post
Graduate Course (MA) in Kerala Responsible
Ayurvedic Tourism & Educational Resource under the
Sree Sankaracharya University of Sanskrit, Kalady.
Since the petitioner got a job of Night Watchman,
he could not abandon the same in view of his
financial hardships. At the same time, he desires
to complete his course. It is stated in paragraph
3 of the Writ Petition that duty time of the
petitioner is from 4.30 p.m. to 8.30 p.m. The
learned Government Pleader submitted that duty
hours of the petitioner is from 4.30 p.m to 9.30
W.P.(C).No.29362 OF 2010 2
a.m. on the next day. The petitioner submitted
Ext.P2 representation dated 24.7.2000 to the first
respondent praying that the petitioner may be
permitted to continue the Post Graduate Course. In
Ext.P2, it is stated that his duty time is from
“4.30 to 8.30 in the evening”. It is stated in
Ext.P2 that attending the course would not in any
way affect his duty as Night Watchman. It is also
stated that 3rd Semester of the course has
commenced. The petitioner assured in Ext.P2 that
any permission that may be granted to continue to
attend the course would not be made use of by him
for gaining any advantage like transfer. Ext.P2 is
not disposed of.
2. The reliefs prayed for in the Writ Petition
are the following:
i) to issue a writ of mandamus directing the 1st
respondent to permit the petitioner to
undergo the course namely Post Graduation
(M.A) in Kerala Responsible Ayurvedic
Tourism & Educational Resource, without
availing leave for that purpose;
ii) to issue a writ of mandamus directing the 1st
respondent to take a decision in Ext.P2
representation;
W.P.(C).No.29362 OF 2010 3
iii) to issue such other orders, directions or
writs as may be prayed for and that this
Hon’ble Court may deem fit in the facts and
circumstances of the case”.
3. The authority to grant permission as prayed
for in Ext.P2 is the Government. Ext.P2 has not
been disposed of. Therefore,it is not proper to
issue a writ of mandamus as prayed for in relief
No.(i). However, the relief prayed for in relief
No.(ii) can be granted.
In the facts and circumstances of the case, the
Writ Petition is disposed of as follows:
a) The first respondent shall consider and
dispose of Ext.P2 as expeditiously as
possible and at any rate within a
period of two weeks from the date of
receipt of a copy of this judgment.
Any right to be heard in person is
waived by the petitioner, since he
wants expeditious disposal of Ext.P2.
W.P.(C).No.29362 OF 2010 4
b) The petitioner shall produce a copy of
the Writ Petition and certified copy
of the judgment before the first
respondent within a week.
The Writ Petition is disposed of as above.
K.T.SANKARAN,
JUDGE.
cms
Handover copy today itself.