IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 19724 of 2010(M) -------------------------- PETITIONER(S): --------------- K.K.CHANDRIKA DEVI, MUSIC TEACHER, NSS.HS, CHATHANOOR, KOLLAM RESIDING AT DHANESH NIVAS, ANAYADI, SOORANAD NORTH, KOLLAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 3. THE DISTRICT EDUCATIONAL OFFICER, ALUVA 4. THE THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 5. THE HEADMISTRESS, N.S.S. BOYS HIGH SCHO OL, MANICKAMANGALAM, KALADY, ALUVA,. 6. THE HEADMISTRESS, N.S.S.H.S, CHATHANNOOR KOLLAM,. (NAME OF R4 CORRECTED AS PER ORDER IN IA NO.10111/2010 DT.23.7.2010) R1 TO R4 BY G.P. SMT. RANI DIOTHIMA ADV. SRI.P.GOPAL FOR R5 & 6 SRI.B.MURALEEDHARAN FOR R5 & 6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF GOVT. LETTER DT.13.11.2009 EXT.P2-TRUE COPY OF REPRESENTATION DT.14.12.2009 EXT.P3-TRUE COPY OF JUDGMENT DT.22.2.2010 EXT.P4-TRUE COPY OF GOVT. ORDER DATED 25.5.2010 EXT.P5-TRUE COPY OF PAGE NO.11 AND 13 OF THE SERVICE BOOK EXT.P6(A) TO P6(D)- TRUE COPY OF MEDIAL CERTIFICATES // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19724 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011. JUDGMENT The petitioner is aggrieved by Exts.P1 and P4 proceedings wherein objections have been taken with regard to the leave without allowance granted on medical certificates and consequent non reckoning of the same for the purpose of higher grades from time to time. In the light of the direction issued by the Government in Ext.P4 to revise the grade fixation of 10, 20 and 23 years, the petitioner is yet to receive the DCRG even though she retired from service on 31.3.2010. 2. The petitioner was working in the N.S.S. Boys High School, Manickamangalam during the period 1983 to 1985. According to the petitioner, she had to avail leave without allowance for different spells shown as (a) to (d) in para 2 of the writ petition, since she was undergoing medical treatment. It is averred that the leave without allowance was granted and the fitness certificates were also produced later. The said periods were reckoned for increments and for computing service for granting grade for 10 years and 18 years of service. 3. Ext.P1 proceeds on the basis that the periods of leave without WPC 19724/2010 2 allowance have been reckoned for the purpose of various grades and the objection now taken is that the periods are not covered by medical certificates. This was challenged by the petitioner before the Government by filing Ext.P2 detailed representation. The case of the petitioner, as evident from Ext.P2, is that all the different spells of leave period have been rightly reckoned for increments by the Headmistress and the controlling officers have reckoned these periods of leave for granting 10 and 18 years grade. It is pointed out that she applied for the various spells of leave with medical certificates and each time she joined duty after producing fitness certificates. This can be verified with the entries in the service book, etc. 4. The view taken by the Government in Ext.P4 is that the medical certificate and the fitness certificate are not pasted in the service book. Learned counsel for the petitioner submitted that Ext.P5 is the relevant page of the service book and the entries therein will show that the different spells of leave have been sanctioned by the Headmaster after verifying the medical certificates. My attention was invited to the caption “MC” along with each entries. It is shown under the order sanctioning leave by the Headmistress and the same is duly attested and signed and seal is also put by the Headmistress. It is also submitted that no doubt can be raised at this WPC 19724/2010 3 distance of time with regard to the sanction of leave without allowance on medical ground. 5. Learned counsel for the Headmistress submitted that the entries in the service book are very clear and the leave on loss of pay availed of by the petitioner for the period from 4.10.1983 to 2.12.1983, on 22.10.1984 and from 19.11.1984 to 30.11.1984 were sanctioned on acceptance of medical certificates. The relevant entries have been quoted in para 4 of the counter affidavit filed by respondents 5 and 6. It is pointed out that the entries made by the Personal Assistant to the District Educational Officer in the service book are without adverting to the entries of leave sanctioned at pages 11 and 13 of the service book of the petitioner. It appears that the Personal Assistant endorsed the above period as L.W.A. simply based on the attendance register and acquittance roll. 6. It is averred in para 6 of the counter affidavit that there was no practice of pasting the medical certificate, fitness certificate, etc. in the service book of the teacher at the relevant time. It is stated that the fifth respondent informed the sixth respondent that she could not trace out the documents, viz. medical certificates, fitness certificates, etc. produced by the petitioner before the school in the year 1983, 1984 and 1985 and the available registers at the relevant time are in a dilapidated condition. WPC 19724/2010 4 7. Learned counsel for respondents 5 and 6 further submitted that going by the provisions of Rule 143 of Part III K.S.R., it can be seen that the entries made in the service book which are duly attested, can be accepted on the face value, since there is no dispute herein that the entries were correctly made at the relevant point of time. Rule 143 of part III K.S.R. states as follows: “143. Every step in an employee's official life must be recorded in his Service Book, and each entry must be attested by the Head of his Officer, or, if he himself is the Head of an Office, by his immediate superior. The Head of the Office must see that all entries are duly made and attested, and that the book contains no erasure or over- writing, all corrections being neatly made and properly attested.” Instruction No.2 of the above rule is worth mentioning and the same is also extracted below: “2. Temporary and officiating promotions, reductions (with reasons) probation, increments, transfers and leave should be regularly and concurrently recorded, each entry being duly verified with reference to departmental orders, pay bills, etc.. and attested by the Heard of the Office. If the Head of the Office has a Gazetted Assistant, the duty of attesting the entries may be delegated to the Assistant. All examinations passed, both general and special including departmental tests, should be recorded in the Service Book. In respect of departmental tests, a reference to the part and date of the WPC 19724/2010 5 Gazette and Roll Number of the candidate should be recorded.” The above rule and instruction No.2 will therefore show that the Head of Office has to make the entry duly and then attest the same. It has to be done in a proper manner, after verification of the various details. One of the items covered by instruction No.2 is “leave sanctioned”. The recording of the same is also concurrent. All these guarantee that the entries have been duly made and properly attested. 8. With regard to the system of pasting the medical certificates as well as fitness certificates in the service book, learned counsel for respondents 5 and 6 submitted that the same was insisted by the Government only by Circular No.55/2001/Fin. Dated 20.9.2001. Therein, after referring to the judgment of this Court in O.P. No.6223/1997, the following directions were issued: “All Heads of Department/Officers who maintain the Service Book are directed to make specific entries in the appropriate place of the Service Book, i.e. in the right hand side of the corresponding pages of the Service Book as to whether the Leave Without Allowance sanctioned is based on Medical Certificate and if so the details thereof while sanctioning Leave Without Allowance in all cases. Medical Certificates may also be pasted in the Service Book as proof of Leave on medical ground.” WPC 19724/2010 6 Therefore, the system as envisaged therein has come into force only by the said circular dated 20.9.2001. In that view of the matter, as the leave has been sanctioned to the petitioner during the years 1983 – 1985, it cannot be said that that the Headmistress has failed in her duty to paste the medical certificates as well as fitness certificate in the service book. What is important to be noticed is that the caption “MC” along with the entries clearly establishes that the medical certificates were there even though it could not be traced now because of the lapse of number of years. Apart from that, while sanctioning higher grades, these periods have been reckoned for the purpose of reckoning the required number of service. It is not as if the official respondents would have overlooked these facts at that point of time. The petitioner was sanctioned higher grades on completion of 10 years by proceedings dated 1.7.1990, 18 years grade was sanctioned in the year 1998 and 23 years grade was sanctioned in 2002. Evidently, the proceedings have become final and it is not the plea that something has been overlooked for want of any records at the relevant time. The Service Book and other details have been verified at that time. Merely because the medical certificates and fitness certificates could not be traced out now, it cannot be said that the grades sanctioned was without verifying these aspects also. WPC 19724/2010 7 9. For all these reasons, the petitioner is entitled to succeed. What is projected in the counter affidavit is the absence of medical certificates and fitness certificates in the Service Book. The same cannot be accepted, since as already noticed, the circular has come into force only in September, 2001. 10. In that view of the matter, the writ petition is allowed. Exts.P1 and P4 are quashed. There will be a declaration that the higher grade sanctioned to the petitioner, will be treated as legal and valid. There will be a further direction to release the DCRG and any other benefits withheld less the liability, if any, on any other account, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/