Disposed

N. Ramaswamy v. State of Kerala

Kerala HC17 Oct 2013WP(C)/22260/2013

Case brief

AI extract

What is this about?

This writ petition challenged the third respondent's inaction regarding the petitioner's leave application. The court directed the Director to forward the application to the State Government within two weeks and mandated a decision within two months.

What did the court decide?

Direction to the second respondent to forward the application to the first respondent within two weeks and decide within two months.

N. Ramaswamy Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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THURSDAY, THE 17TH DAY OF OCTOBER 2013/25TH ASWINA, 1935

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WP(C).No. 22260 of 2013 (F)

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PETITIONER(S):

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N. RAMASWAMY, AGED 50 YEARS S/O LATE M. NADESHA IYAR ASSISTANT PROFESSOR DEPARTMENT OF ARCHITECTURE T.K.M COLLEGE OF ENGINEERING, KOLLAM- 5

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BY ADVS.SRI.M.S.UNNIKRISHNAN SMT.JAYASREE MANOJ SRI.JITHIN PAUL VARGHESE SRI.K.SUNIL

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM

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THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM

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THE PRINCIPAL, T.K.M COLLEGE OF ENGINEERING, KOLLAM- 5

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R3 BY ADV. SRI.K.JAJU BABU R3 BY ADV. SMT.M.U.VIJAYALAKSHMI R1,2 BY GOVERNMENT PLEADER SRI.M.A.FAYAZ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22260 of 2013 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE LEAVE APPLICATION DATED 29-10-2012.

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EXHIBIT P2: TRUE COPY OF THE APPLICATION DATED 08TH JANUARY 2013.

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EXHIBIT P3:A COPY OF THE NOTE FORWARDED TO THE MINISTER FOR EDUCATION, GOVERNMENT OF KERALA.

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EXHIBIT P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HON'BLE MINISTER FOR EDUCATION, GOVERNMENT OF KERALA DATED 25TH MARCH 2013.

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RESPONDENT(S)' EXHIBITS:NIL

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//TRUE COPY//

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P.A.TO JUDGE

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C.T. RAVIKUMAR, J.

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==========================

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W.P.(C). No.22260 OF 2013 ==========================

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Dated this the 17^th day of October, 2013

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JUDGMENT

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The petitioner is working as Assistant Professor Architecture in T.K.M. College of Engineering, Kollam. He submitted Ext.P1 application for Leave Without Allowances as early as on 29.10.2012. The grievance of the petitioner is regarding the inaction on the part of the third respondent in forwarding the same to the first respondent for consideration. The contention of the petitioner is that since he has requested for LWA for a period in excess of four months, Government alone are competent to consider Ext.P1 application and in such circumstances, the third respondent got no reason to withhold the same and, in fact, is under an obligation to forward the same to the first respondent for consideration.

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I have heard the learned counsel for the petitioner, learned

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counsel appearing for the third respondent and the learned

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W.P.(C).22260/13

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Government Pleader. The learned counsel for the third respondent submitted that on 4.9.2013, Ext.P1 application received from the petitioner for LWA was forwarded to the second respondent. It is further submitted that on account of the dearth of teaching faculty the request under Ext.P1 application was not recommended. Obviously, the competency to decide on the question of granting LWA to the petitioner made as per Ext.P1 lies with the first respondent since the petitioner sought for LWA in excess of four months. In the said circumstances, this writ petition is disposed of with a direction to the second respondent to forward Ext.P1 application to the first respondent, if received and not forwarded, within two weeks from today. On its receipt, the first respondent shall take appropriate decision, expeditiously, at any rate, within a period of two months and in accordance with law.

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Sd/C.T. RAVIKUMAR (JUDGE)

spc/

W.P.(C).22260/13

C.T. RAVIKUMAR, J.

JUDGMENT

W.P.(C).22260/13

September, 2010

N. Ramaswamy v. State of Kerala

Case brief

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N. Ramaswamy v. State of Kerala

Case brief

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