P B WILSON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was working as Peon in St.Francis Assissi High School, Arthunkal, Cherthala Taluk. He took leave for various periods from 3.5.2008 to 22.5.2010 . For some periods, he took half pay leave. While for certain other periods he took leave without allowance. The petitioner did not approach the Government for sanctioning leave without allowance. Learned counsel for the petitioner submitted that application was made by the petitioner for granting leave without allowance and that application was forwarded by the Manager to the Government. But no document to prove the same is produced along with the Writ Petition. In Ext.P5 dated 20.3.2010 issued by the Deputy Secretary to the Government, which was forwarded to the Manager, it is stated thus:

(2.) The petitioner submitted Ext.P7 representation dated 20.5.2010 and Ext.P9 representation dated 17.9.2010 to the Manager. Various grounds have been stated by him to support his plea that he was entitled to leave during the various periods. The ill health of his mother, who died subsequently, the disease of his sister who is a spinster etc. are put forward in the representations. It is also stated in Ext.P7 that the application for leave was forwarded to the Director of Public Instruction on 18.5.2010. In Ext.P8 dated 21.8.2010 issued by the Manager to the petitioner, the petitioner was directed to show cause why Ext.P5 should not be implemented. Ext.P9 representation was submitted by the petitioner to the Manager after receipt of Ext.P8 notice.

(3.) The reliefs prayed for in the Writ Petition W.P.(C).No.29599 OF 2010 3 are the following: