IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 OP.No. 9229 of 2000(W) -------------------------- PETITIONER: ------------ JALAJAKUMARI.K.P., W/O. O.G.SASIDHARAN, AGED 42 YEARS, 'PUNARTHAM', PONNURUNNI, VYTTILA, ERNAKULAM. BY ADV. SRI.M.RAJASEKHARAN NAYAR SMT.K.N.RAJANI RESPONDENTS: ------------- 1. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 2. MANAGER, KPM HIGH SCHOOL, ERNAKULAM DISTRICT. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.N.RAGHURAJ SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.9229/1999/W ORDER ON CMP NOS.16557 & 45272/2001 AND CMP NO.15329/2000 IN OP NO.9229/1999. DISMISSED SD/- 29.1.2008 S.SIRI JAGAN, JUDGE /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 9229 of 2000 (W) ======================= Dated this the 29th day of January, 2008 JUDGMENT Petitioner who was a Physical Education Teacher in the 2nd respondent's school challenges Exts. P8 and P11 in this original petition. Ext.P8 is memo of charges issued by the 2nd respondent to the petitioner by which the petitioner was directed to show cause why disciplinary proceedings against him should not be taken for the misconducts alleged in the memo of charges. In so far as the same is only a memo of charges, I am not inclined to entertain the challenge against the same. Ext.P11 is an order passed pursuant to an order of this Court in O.P. No.9229/2000, whereby the Government was directed to consider the representation of the petitioner in respect of leave on medical grounds. Petitioner had applied for leave without allowance for 5 years with effect from 11.9.1995 on the strength of a medical certificate issued by an ayurvedic physician. The Government found that the period covered by the medical O.P. No. 9229/2000/W -2- certificate commence from 30.9.1996, whereas his leave applied for by the petitioner was with effect from 11.9.1995. It is also found that the medical certificate was not issued by any authorised medical officer. On that ground, the application for leave on medical grounds was rejected. When applying for medical leave for 5 years, the petitioner should have been careful in getting a proper medical certificate from an authorised medical officer which has not been done by the petitioner. The petitioner was also not able to explain the discrepancy in the medical certificate nor was she able to produce any proof of her illness before this Court. Therefore, I cannot find fault with the government in rejecting petitioner's application for leave, in so far as the petitioner has failed to satisfy the Government that she was actually incapacitated on medical grounds to attend work. In the above circumstances, I do not find any merit in the original petition and accordingly, the same is dismissed. S.SIRI JAGAN, JUDGE jp