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P.B.Wilson v. the State of Kerala

Kerala HC10 Mar 2017WP(C)/11239/2012

Case brief

AI extract

What is this about?

A peon filed a writ petition seeking directions for the 3rd respondent to forward proposals to regularise unauthorised absence. The Court directed the 3rd respondent to immediately submit fresh proposals within two weeks to the official respondents.

What did the court decide?

Direction to 3rd respondent to immediately forward fresh proposals for regularisation of the period of absence within two weeks.

P.B.Wilson Vs the State of Kerala — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 10TH DAY OF MARCH 2017/19TH PHALGUNA, 1938

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WP(C).No. 11239 of 2012 (D)

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PETITIONER(S):

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P.B. WILSON, S/O. BENJAMIN,

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AGED 44, PEON, ST. FRANCIS ASSISI HIGH SCHOOL, ARTHUNKAL, CHERTHALA, ALAPPUZHA.

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BY ADV. DR.V.N.SANKARJEE.

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RESPONDENT(S):

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

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2. THE DISTRICT EDUCATION OFFICER, CHERTHALA-688 524.

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3. THE CORPORATE MANAGER, ST. FRANCIS ASSISI HIGH SCHOOL, ARTHUNKAL, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 530.

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4. THE HEAD MASTER, ST. FRANCIS ASSISI HIGH SCHOOL, ARTHUNKAL, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 530.

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R1 & R2 BY SR. GOVT. PLEADER SMT.MARY BEENA JOSEPH. R3 BY ADVS. SRI.C.ARUN PRASANTH, SRI.A.S.BRIJESH, SMT.ROOPA RAMACHANDRAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 11239 of 2012 (D)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	TRUE COPY OF THE REPRESENTATION DATED 01-10-2010 MADE TO THE 1ST RESPONDENT ON 01-10-2010.
EXT.P2	TRUE COPY OF THE G.O.(RT) NO. 5443/11/G.EDN. DATED 06-12-2011 OF THE 1ST RESPONDENT.
EXT.P3	TRUE COPY OF THE 3RD RESPONDENT'S ORDER NO.387/11 DATED 23-12-2011.
EXT.P4	TRUE COPY OF THE LETTER NO. 53770/N2/2010/GEN. EDN. DATED 29-10-2010.
EXT.P5	TRUE COPY OF THE INFORMATION PROVIDED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE 2ND RESPONDENT ON 24-06-2011.
EXT.P6	TRUE COPY OF THE PETITIONER APPLICATION DATED 20-05-2010 SUBMITTED TO THE 3RD RESPONDENT.
EXT.P7	TRUE COPY OF THE 3RD RESPONDENTS NOTICE DATED 24-02-2012.
EXT.P8	TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 03-03-2012 SUBMITTED BEFORE THE 3RD RESPONDENT.
EXT.P9	TRUE COPY OF THE 3RD RESPONDENT'S LETTER DATED 08-03-2012.
EXT.P10	TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 29-03-2012 BEFORE THE 3RD RESPONDENT.
EXT.P11	TRUE COPY OF THE 4TH RESPONDENT'S NOTICE NO. 97/2012 DATED 02-04-2012.
EXT.P12	TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 18-04-2012 BEFORE THE 4TH RESPONDENT.
EXT.P13	TRUE COPY OF THE 2ND RESPONDENT'S THE LETTER NO.B-2/6932/2009 DATED 18-02-2012.
EXT.P14	TRUE COPY OF THE 3RD RESPONDENT'S NOTICE BEARING NO. 116/12 DATED 13-04-2012.
EXT.P15	TRUE COPY OF THE PETITIONER'S APPLICATION DATED 08-05-2012 BEFORE THE 3RD RESPONDENT.
EXT.P16	TRUE COPY OF THE PETITIONER'S LETTER DATED 15-12-2011 TO THE 1ST RESPONDENT.

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....2/-

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WP(C).No. 11239 of 2012 (D)

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EXT.P17	TRUE COPY OF THE PETITIONERS LETTER DATED 15-12-2011 TO THE 4TH RESPONDENT.
EXT.P18	COPY OF THE ACCOUNT OF CONTRIBUTION BEING COLLECTED BY THE 3RD RESPONDENT STARTING FROM JUNE 2008 TILL OCTOBER 2008.
EXT.P19	COPY OF THE ENVELOPE OF THE PETITIONER'S SALARY FOR JUNE 2012.
EXT.P19A	COPY OF THE ENVELOPE OF THE PETITIONER'S SALARY FOR SEPTEMBER 2012.
EXT.P19B	COPY OF THE ENVELOPE OF THE PETITIONER'S SALARY FOR OCTOBER 2012.
EXT.P20	COPY OF THE SALE DEED NO.814/12 OF SRO, PATTANAKKAD.
EXT.P21	COPY OF THE SALE DEED NO.501/12 OF SRO, PATTANAKKAD.
EXT.P22	COPY OF THE SALE DEED NO.502/12 OF SRO, PATTANAKKAD.
EXT.P23	COPY OF THE RENTAL AGREEMENT DATED 09/05/2012.
EXT.P24	COPY OF THE CERTIFICATE DATED 02/11/2012 ISSUED BY THE CHERTHALA TALUK AIDED SECONDARY SCHOOL EMPLOYEES CS LTD. NO.A276.
EXT.P25	COPY OF THE NOTICE DATED 13/06/2012 ISSUED BY AMBALAPPUZHA TALUK AIDED PRIMARY SCHOOL EMPLOYEES CO-OPERATIVE BANK LTD. NO.A313, ALAPPUZHA.
EXT.P26	COPY OF THE PASS BOOK OF THE PETITIONER'S WIFE REGARDING LOAN TRANSACTION WITH ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD.
EXT.P27	COPY OF THE ORDER OF THE APPOINTMENT DATED 09/10/2010 FOR ELECTION DUTY.
EXT.P28	COPY OF THE LETTER DATED 06/06/2012 SENT TO THE 3RD RESPONDENT IN REPLY TO HIS LETTER EXT.R3(O).
EXT.P29 RESPONDE	COPY OF THE ACKNOWLEDGMENT CARD DATED 07/06/2012 IN TOKEN OF RECEIPT OF EXT.P28. NT'S EXHIBITS :-

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EXT.R3A COPY OF THE APPLICATION FOR LEAVE FROM 11/09/2007 TO 09/12/2007 SUBMITTED BY THE PETITIONER.

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....3/-

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WP(C).No. 11239 of 2012 (D)

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EXT.R3B COPY OF THE APPLICATION SEEKING LEAVE FROM 10/12/2007 TO 07/04/2008 SUBMITTED BY THE PETITIONER.

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EXT.R3C COPY OF THE APPLICATION FOR LEAVE FROM 03/05/2008 TO 29/08/2008 SUBMITTED BY THE PETITIONER.

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EXT.R3D COPY OF THE APPLICATION LEAVE FROM 30/08/2008 TO 27/11/2008 SUBMITTED BY THE PETITIONER.

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EXT.R3E COPY OF THE APPLICATION FOR LEAVE FROM 29/11/2008 TO 28/03/2009 SUBMITTED BY THE PETITIONER.

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EXT.R3F COPY OF THE APPLICATION FOR EXTENSION OF LEAVE FROM 29/03/2009 TO 24/09/2009 SUBMITTED BY THE PETITIONER.

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EXT.R3G COPY OF THE APPLICATION FOR EXTENSION OF LEAVE FROM 25/09/2009 TO 22/05/2010 SUBMITTED BY THE PETITIONER.

//TRUE COPY//

P.S. TO JUDGE

rs.

ANU SIVARAMAN, J.

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W.P.(C) No.11239 of 2012

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Dated this the 10^th day of March, 2017

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J U D G M E N T

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This writ petition is filed by a Peon working in a school under the 3^rd respondent seeking directions to the respondents 3 and 4 to furnish fresh proposals for regularising the period of unauthorised absence and to forward the service book of the petitioner to the departmental authorities for further necessary actions.

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Heard the learned counsel for the petitioner, learned counsel for respondents 3 and 4 and the learned Senior Government Pleader appearing for the official respondents.

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It is contended that the petitioner had availed leave without allowance which was duly sanctioned. Thereafter, he did not rejoin duty and the period from 29.11.2008 to 22.05.2010 covered by the applications that he had submitted before respondents 3 and 4 was treated as unauthorised absence. It was contended that by Ext.P2 order, the Government, after

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W.P.(C) No.11239/2012

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examining the matter, has held that the petitioner's request is to be considered on humanitarian grounds and has directed the 3^rd respondent to permit the petitioner to rejoin duty and to furnish fresh proposals for regularising the period of unauthorised absence along with service book of the petitioner. It is submitted that though the petitioner is permitted to rejoin duty pursuant to Ext.P3, proposals have not been forwarded till date as required by Ext.P2.

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It is submitted by the learned counsel for the 3^rd respondent that the petitioner's earlier leave applications were forwarded to the Government but the leave had not been sanctioned. It is further stated that therefore the Manager had required the petitioner to forward “proposals” urgently. Ext.R3 (o) letter dated 18.05.2012 is produced and it is stated that since the petitioner had not forwarded the proposals as required therein, the same could not be sent to the Government.

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I have considered the contentions advanced. Ext.P2 order specifically states that the case of the petitioner is liable to be treated on humanitarian grounds and that fresh proposals for regularisation of the period of leave are to be sent by the 3^rd respondent-Manager. Since earlier applications for leave had

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W.P.(C) No.11239/2012

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already been sent to the Government, no further steps can be taken by the petitioner in that regard. It is clearly for the 3^rd respondent to forward the proposals for regularisation of the period of unauthorised absence as duty. This has to be done by the 3^rd respondent at the earliest without any further application by the petitioner. I notice that Ext.P2 proceedings is dated 06.12.2011. I find no reason or justification for the delay on the part of the Manager in forwarding the proposals as directed in Ext.P2.

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In the above circumstances, this writ petition is disposed of directing the 3^rd respondent to immediately forward the fresh proposals for regularisation of the period of absence of the petitioner from 29.11.2008 to 22.05.2010 as duty, as directed in Ext.P2, within a period of two weeks from the date of receipt of a copy of this judgment. If such proposals are sent by the 3^rd respondent, the official respondents shall take immediate steps to pass orders on the same, within one month thereafter.

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Sd/-

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ANU SIVARAMAN JUDGE

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smp

P.B.Wilson v. the State of Kerala

Case brief

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P.B.Wilson v. the State of Kerala

Case brief

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