Sumitha Bindu v. The Principal

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 WP(C).No. 36020 of 2015 (B) ---------------------------- PETITIONER:

------------------ SUMITHA BINDU AGED 42 YEARS HSST ECONOMICS (SENIOR HIGHER GRADE) JAYAKERALAM HIGHER SECONDARY SCHOOL, PULLUVAZHY, PERUMBAVOOR, ERNAKULAM - 683 541 BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS DR.THUSHARA JAMES RESPONDENTS:

----------------------- 1.

THE PRINCIPAL, JAYAKERALAM HIGHER SECONDARY SCHOOL PULLUVAZHY, PERUMBAVOOR, ERNAKULAM 683 541 2.

THE REGIONAL DEPUTY DIRECTOR, RDD OFFICE, EDAPPALLY, ERNAKULAM 682 024.

BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36020 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS P1 :

TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.10.2015 P2 :

TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 12.11.2015 REJECTING THE APPLICATION OF THE PETITIONER P3 :

TRUE COPY OF THE APPEAL DATED 13.11.2015 BEFORE THE 2ND RESPONDENT P4 :

TRUE COPY OF THE DECISION REPORTED IN 2015 (1) KHC 165 RESPONDENT'S EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 36020 of 2015 (B) ------------------------------------------ Dated this the 27th day of November, 2015

J U D G M E N T

The petitioner is concerned with Ext.P3 appeal pending before the 2nd respondent.

2.

The petitioner had sought for Maternity Leave on the ground of she having resorted to the procedure of surrogacy for begetting her own biological child. The petitioners application was rejected by Ext.P2. Ext.P3 is the appeal submitted before the 2nd respondent. The petitioner contends that the issue is covered by the judgment in Geetha P. v. Kerala Livestock Development Board Ltd., Thiruvananthapuram and another - 2015 (1) KHC 165.

W.P.(C) No. 36020/2015 -23.

In such circumstance, the 2nd respondent shall consider the appeal in the light of the afore cited judgment and issue orders in accordance with the declaration in the judgment. The petitioner shall appear before the 2nd respondent on 02.12.2015 or within a week thereafter, the date of which should be intimated to the petitioner personally and acknowledgment received on 02.12.2015. The matter shall be heard and disposed of within one week from the date of hearing.

Writ petition is disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE jjj 27/11/15