IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 34007 of 2009(U) PETITIONER: --------------- T.P.GEETHA, AGED 50, W/O.WILSON, NEEDLE WORK TEACHER, S.N.D.P. H.S.S., UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM AND RESIDING AT GEETHA BHAVAN, PUTHIYAKAVU, TRIPUNITHURA-682 301. BY ADV. SRI.B.RAMACHANDRAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY MINISTRY OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 4. THE GENERAL MANAGER, S.N.D.P.YOGAM SCHOOLS, P.B.NO.512, KOLLAM. R4 BY ADV. SRI.A.N.RAJAN BABU GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER DATED 13.12.2007 BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF LETTER DATED 24.1.2008 FROM FOURTH RESPONDENT TO SECOND RESPONDENT. EXT.P3 TRUE COPY OF LETTER DATED 21.2.2008 OF THE FOURTH RESPONDENT. EXT.P4 TRUE COPY OF LETTER DATED 17.9.2008 OF THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF LETTER DATED 20.11.2008 OF THE PETITIONER TO THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF LETTER DATED 21.2.2009 OF THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF ORDER DATED 18.7.2009 OF THE FIRST RESPONDENT. EXT.P8 TRUE COPY OF REPRESENTATION DATED 5.10.2009 OF THE PETITIONER. EXT.P9 TRUE COPY OF LETTER DATED 23.10.2009 FROM THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 34007 OF 2009 U ------------------------------------------------------ Dated this the 22nd day of October, 2010 JUDGMENT The petitioner, while working as Needle Work Teacher in S.N.D.P.H.S.S., Udayamperoor, was transferred to S.N.V.H.S.S., Anad, Thiruvananthapuram, both the Schools being under the corporate management of the fourth respondent. The petitioner applied for leave without allowance for the period from 12.7.2003 to 30.3.2008 for 21 spells. It is stated that medical certificates were also produced along with the leave applications. 2. As per Ext.P1 order dated 13.12.2007, the Government accorded sanction for granting leave without allowance to the petitioner from 12.7.2003 to 30.3.2007, excluding 31.3.2005 and 31.3.2006 to 5.6.2006. For the period after 30.3.2007, Ext.P4 order dated 17.9.2008 was passed by the Government returning the application including medical certificate to obtain and forward the second medical opinion from the District Medical Board in respect of illness of the petitioner. The petitioner submitted Ext.P5 W.P.(C) NO.34007 OF 2009 :: 2 :: representation to review Ext.P4 order. The Government passed Ext.P7 order dated 18.7.2009, by which, leave without allowance availed by the petitioner for the period from 31.3.2007 to 7.1.2008 and from 9.1.2008 to 30.3.2008 was granted. During this period, the petitioner had applied for leave on medical ground. The Government did not grant that benefit on the ground that genuineness of the medical certificate was not established. Even the direction in Ext.P4 to obtain a second medical opinion from the District Medical Board was not complied with. The petitioner submitted Ext.P8 representation dated 5.10.2009 to the Government. That was considered as per Ext.P9 order dated 23.10.2009 stating that leave without allowance was granted as per Exts.P1 and P7 otherwise than on medical ground since the medical examination report was not made available. The petitioner challenges Exts.P1, P7 and P9 in this Writ Petition. 3. As far as Ext.P1 is concerned, it was for the period from 12.7.2003 to 30.3.2007. The petitioner took leave when she was transferred from S.N.D.P.H.S.S., Udayamperoor to S.N.V.H.S.S., Anad, Thiruvananthapuram. Government was not inclined to accept W.P.(C) NO.34007 OF 2009 :: 3 :: the medical certificates. Except the period covered by the medical certificate, leave was granted as per Ext.P1. In the facts and circumstances, at this distance of time, there is no point in upsetting Ext.P1 and directing the matter to be considered afresh. 4. As far as Exts.P4 and P7 are concerned, they related to the period from 31.3.2007 to 30.3.2008. As per Ext.P4, the District Educational Officer was directed to obtain and forward the second medical opinion from the District Medical Board. There is no case that the petitioner was ever intimated that she should appear before the Medical Board on a particular date. 5. In the facts and circumstances, I am of the view that it is just and necessary to direct the Government to reconsider the question of granting leave for the period from 31.3.2007 to 7.1.2008 and from 9.1.2008 to 30.3.2008 to the petitioner on medical ground. The petitioner shall co-operate with the District Educational Officer to undergo such medical examination as directed by the Government in Ext.P4. The District Educational Officer shall forward the medical report to the Government. The Government shall reconsider the W.P.(C) NO.34007 OF 2009 :: 4 :: question of granting leave on medical ground for the period from 31.3.2007 to 7.1.2008 and from 9.1.2008 to 30.3.2008 afresh. It is made clear that I have not expressed any opinion on the merits in respect of the leave applied for by the petitioner for the aforesaid period. The Writ Petition is disposed of accordingly. (K.T.SANKARAN) Judge ahz/