IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 22118 of 2009(H) -------------------------- PETITIONER(S): --------------- S.ANILKUMAR, S/O. SANKARA PANICKER, LOWER DIVISION CLERK, SANATHANA DHARMA COLLEGE, ALAPPUZHA, (RESIDING AT ANAKALUPARAMBIL, AVALOKUNNU P.O., ALAPPUZHA. BY ADV. SRI.K.R.RAGHUNATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SANATHANA DHARMA COLLEGE, ALAPPUZHA. BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22118 of 2009-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009. JUDGMENT The petitioner is working as Lower Division Clerk in the S.D. College, Alappuzha. He started his career as a Peon in the year 1992. Due to severe health problems like Diplopia, the petitioner had been undergoing medical treatment. He was forced to avail leave without allowance from 24.5.2005 to 12.12.2007 on medical grounds. He rejoined service on 13.12.2007 along with the fitness certificate. 2. Even though the petitioner had been seeking to regularize the period of leave without allowance, the first respondent by Ext.P2, rejected the request made by the petitioner for the reason that sufficient medical certificates have not been produced. Thereafter, on the request of the Principal of the college, the District Medical Officer, Alappuzha (Indian System of Medicines), clarified that during the leave period the petitioner was unable to travel and medical leave was necessary. This is evidenced by Ext.P3. The second respondent forwarded Ext.P3 clarification along with Ext.P4, to the first respondent. By Ext.P5, the same was rejected again on the ground of delay in submitting the medical certificates. To reconsider the wpc 22118/2009 2 same, the petitioner has filed Ext.P6 representation before the Government. The petitioner prays that appropriate direction may be issued to the first respondent to consider Ext.P6 in the light of the various certificates produced. 3. There will be a direction to the first respondent to consider and pass orders on Ext.P6 in the light of the medical certificates produced by the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/