Kerala High Court
Soniya T.Vadukat vs The State Of Kerala on 12 February, 2014
Author: A.V.Ramakrishna Pillai
Bench: A.V.Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2014/23RD MAGHA, 1935
WP(C).No. 4551 of 2011 (T)
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PETITIONER(S):
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SONIYA T.VADUKAT, W/O.JAISON, AGED 41,
VOCATIONAL INSTRUCTOR IN OFFICE SECRETARYSHIP,
S.S.M. VOCATIONAL HIGHER SECONDARY SCHOOL,
EDAKKAZHIYUR, CHAVAKKAD, THRISSUR.
BY ADVS.SRI.S.SREEKUMAR
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.S.VAIDYANATHAN
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION, SECRETARIAT, TRIVANDRUM - 695 001.
2. THE DIRECTOR,
VOCATIONAL HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, TRIVANDRUM - 695 001.
3. THE ASSISTANT DIRECTOR,
VOCATIONAL HIGHER SECONDARY EDUCATION,
REGIONAL OFFICE, THRISSUR - 680 001.
4. THE PRINCIPAL,
S.S.M. VOCATIONAL HIGHER SECONDARY SCHOOL,
EDAKKAZHIYUR, CHAVAKKAD, THRISSUR - 680 506.
R1 TO R3 BY GOVERNMENT PLEADER SRI.R.RANJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WPC.NO.4551/2011 (T)
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF CIRCULAR DTD. 29/04/2002 OF 1ST RESPONDENT.
P2: COPY OF G.O.P.NO.233/08/FIN. DTD. 03/06/2008 ISSUED BY THE
GOVERNMENT OF KERALA.
P3: COPY OF G.O.P.NO.418/08/FIN DTD. 16/09/2008 ISSUED BY THE
GOVERNMENT OF KERALA.
P4: COPY OF CIRCULAR DTD. 16/02/2009 OF DIRECTOR OF PUBLIC
INSTRUCTIONS.
P5: COPY OF APPLICATION DTD. 20/09/2010 SUBMITTED BY THE PETITIONER.
P6: COPY OF LETTER DTD. 18/10/2010 ISSUED BY THE 4TH RESPONDENT
TO THE PETITIONER.
P7: COPY OF APPLICATION DTD. 21/10/2010 SUBMITTED BY THE PETITIONER
UNDER RIGHT TO INFORMATION ACT ADDRESSED TO THE 4TH
RESPONDENT.
P8: COPY OF COMMUNICATION DTD. 10/11/2010 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER.
P9: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER ON
07/02/2012 BEFORE THE 4TH RESPONDENT.
P10: COPY OF COMMUNICATION DTD. 19/02/2012 OF 4TH RESPONDENT.
P11: COPY OF REPRESENTATION DTD. 23/01/2013 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
P12: COPY OF REMINDER DTD. 26/02/2013 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
P13: COPY OF REPRESENTATION DTD. 09/03/2013 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
A.V. RAMAKRISHNA PILLAI, J.
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W.P.(C) No. 4551 of 2011
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Dated this the 12th day of February, 2014
J U D G M E N T
Aggrieved by Ext.P6 issued by the 4th respondent returning the application seeking permission to go abroad submitted by the petitioner, the petitioner has come up before this Court.
2. The petitioner is working as Vocational Instructor in Office Secretaryship, SSM Vocational Higher Secondary School, Edakkazhiyur. Her husband is employed in UAE. The petitioner alleges that she applied for permission from the 4th respondent for joining her husband during summer vacation in the year 2011 and; the same was rejected by Ext.P6 by the 4th respondent insisting that she should take leave during holidays. The writ petition was subsequently sought to be amended adding additional prayers to declare that there is no need for taking any kind of leave during W.P.(C) No. 4551 of 2011 ..2..
summer vacation of schools for going abroad and also that the 4th respondent is duty bound to grant sanction to the petitioner to go abroad during summer vacation when sanction is sought well in advance.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter.
4. The relevant provision, which mandates previous permission of the superior of a Government servant before leaving the headquarters is Rule 93A of the Kerala Government Servants' Conduct Rules, 1960, which reads as follows;
"93A. Residence. - All Government servants shall ordinarily reside, within the limits of their Headquarters Stations. Whenever any Government servant finds it necessary to live outside the prescribed Headquarters, he shall obtain specific sanction of the Head of the Office or other Competent Authority. Permission to reside outside the headquarters will be granted only in exceptional cases, each case being considered on its merits and in accordance with administrative convenience. When a Government servant living in the Headquarters Station wants to leave the station on private business, he will have to obtain permission from his superior officer."W.P.(C) No. 4551 of 2011
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5. Apart from Rule 93A, there is no Rule, which mandates that teachers, who want to leave the prescribed headquarters, should obtain prior permission of their superior. Even Rule 93A does not mandate that such persons, who want to go abroad during summer vacation, should obtain leave. In the instant case, the complication arose on account of the specific request made by the petitioner in Ext.P5 application, wherein she sought for leave from 15.04.2011 to 27.05.2011. Therefore, by Ext.P6 reply, the petitioner was asked to furnish what kind of leave she was intending to avail for joining her husband, who is abroad. The position is further clarified in Ext.P8 letter issued by the Principal of the School to the petitioner, wherein it was stated that for going abroad during summer vacation only permission is required.
6. The petitioner has complicated the entire issue as she has not approached the matter in the W.P.(C) No. 4551 of 2011 ..4..
correct perspective. Therefore, the respondents cannot be blamed for the same. However, this Court feels that it is only just and proper to make clear that though a teacher coming within the purview of Rule 93A of the Kerala Government Servants' Conduct Rules, 1960, who leaves the headquarters during summer vacation, should obtain prior permission of his superior officer, need not apply for leave unless he/she is assigned with any duties during vacation.
With the aforesaid observation, the writ petition is disposed of.
Sd/-
A.V. RAMAKRISHNA PILLAI, JUDGE bka/-