IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WA.No. 1130 of 2008() -------------------------------- AGAINST THE JUDGEMENT IN OP.9229/2000 Dated 29/01/2008 .................... APPELLANT: APPELLANT/PETITIONER --------------------------------------------------- JALAJAKUMARI.K.P, W/O. O.G. SASIDHARAN, AGED 42, PUNARTHAM, PONNURUNNI, VYTTILA, ERNAKULAM. BY ADV. SRI.M.RAJASEKHARAN NAYAR RESPONDENTS: RESPONDENTS/RESPONDENTS ------------------------------------------------------------------ 1. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 2. MANAGER, KPM HIGH SCHOOL, ERNAKULAM DISTRICT. 3. STATE OF KERALA, REP. BY THE SECRETARY EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 4. A.S. PRATHAP, NOW WORKING AS PHYSICAL EDUCATION TEACHER, K.P.M HIGH SCHOOL, POOTHOTTA, ERNAKULAM. BY GOVERNMENT PLEADER SHRI K.SANDESH RAJA BY ADVOCATE SHRI N. REGHURAJ. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1130 of 2008 --------------------------------------- Dated this the 17th day of June, 2008 Judgment Koshy,J. Appellant is a physical education teacher in the second respondent school. Main challenge in the writ petition is against Ext. P8. Petitioner has applied for leave without allowances for five years with effect from 11.9.1995 on the strength of a medical certificate issued by a private ayurvedic physician (Ext.R2 - c). The above certificate only shows that she needs absence from duty for a period of 45 days w.e.f. 11.9.1995. Long leave for five years cannot be applied with that certificate. She was asked to produce proper certificate. Ext.P3 certificate was produced stating that she needs leave from 30.9.1996 for a prolonged treatment. Despite several opportunities given, she did not produce any medical certificate in the proper form covering the entire period of treatment. Ext.P8 memo of charges was issued against her. Therefore, Ext.P11 was passed on the basis of the orders issued by a learned single Judge in O.P.No.9229 of 2000 whereby this court directed to consider her application for leave on medical ground. Ext.P11 reads as follows: W.A.No. 1130/2008 2 "In the circumstances explained above, Government find that the application for leave without allowances for five years on medical grounds is not in order and that even after various opportunities given to her by the higher authorities she has not rectified the defects in the medical certificate. The bonafides of the medical officer who issues the certificate and the dates given in the certificate are very crucial in deciding the genuineness of the certificate and the sickness mentioned therein. Moreover she has applied for leave without allowances on medical grounds for five years at a stretch. When leave without allowances on medical grounds is applied for such a log period of five years, the petitioner should have been careful to obtain and forward a proper medical certificate from an authorised medical practitioner which is clear from all defects. This she has not done and even after repeated requests from the departmental officers, Smt.Jalajakumari has not submitted a proper medical certificate which meets the requirements for enabling Government to sanction the leave without allowances on medical grounds. Hence the leave without allowances on medical grounds applied for by Smt.Jalajakumari cannot be granted on the strength of the medical certificate submitted by her which is defective in several respects. The request put in by her is not admissible and therefore cannot be granted." The learned single Judge agreed with Ext.P11 order. The learned Judge also observed that she has not produced any proof of illness covering the entire period even before this Court. The learned Judge further noticed that even though Ext.A8 is challenged, it is W.A.No. 1130/2008 3 only a charge sheet and no interference is required at the initial stage. We fully agree with the views of the learned single Judge. Hence, the writ appeal is dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. 1130/2008 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No.1130 of 2008 ------------------------------------- Judgment Dated:17th June, 2008