IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 9751 of 2006(J) ------------------------------------- PETITIONER(S): ------------------------ E.EZHEKKIEL, S/O. JOSEPH ENOSE, AGED 54, BLESS VILLA, PONNANI P.O., MALAPPURAM DISTRICT. BY ADVS. MR.M.BALAGOVINDAN, MR.VINOD J.DEV. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 3. THE MANAGER, M.I.HIGHER SECONDARY SCHOOL, PONNANI. 4. THE PRINCIPAL, M.I.HIGHER SECONDARY SCHOOL, PONNANI. R1 & R2 BY GOVERNMENT PLEADER MR. T.T. MUHAMOOD R3 BY MR.GOVIND K.BHARATHAN, SENIOR ADVOCATE MR.MANU MOHAN. R4 BY ADV.MR.M.S.SARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9751/2006 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF COMMUNICATION ISSUED BY 4TH RESPONDENT IN THE BACK SIDE OF THE LEAVE APPLICATION SUBMITTED BY PETITIONER ON 19.01.04. P2: COPY OF LEAVE APPLICATION SUBMITTED BY PETITIONER DTD. 19/01/04. P3: COPY OF 2ND LEAVE APPLN. SUBMITTED BY PETITIONER. P3(A): COPY OF MEDICAL CERTIFICATE ATTACHED WITH EXT.P3 LEAVE APPLICATION. P4: COPY OF COMMUNICATION DTD. 8/12/04 ISSUED BY R3 DTD. 8/12/04. P5: COPY OF COMMUNICATION ISSUED BY R3 DTD. 31/01/05. P6: COPY OF LETTER ISSUED TO 1ST RESPONDENT BY 2ND RESPONDENT DTD. 16/02/05. P7: COPY OF LETTER ISSUED BY 3RD RESPONDENT DTD. 28/09/05. P8: COPY OF FITNESS CERTIFICATE ISSUED TO THE PETITIONER DTD. 29/07/05. P9: COPY OF REPRESENTATION DTD. 15/02/06 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. P10: COPY OF THE ORDER IN G.O.(P) 185/2002/FIN. DTD. 27/03/2002. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9751/2006-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of June, 2009 J U D G M E N T The petitioner retired from service as an Upper Primary School Assistant from the M.I.Higher Secondary School, Ponnani, which is an aided school. He attained superannuation on 14/02/2006 and continued upto 31/03/2006 till the end of the academic year. 2. The petitioner had availed leave without allowance due to various physical ailments. Initially, he had availed half pay leave for the period from 20/09/2003 to 16/10/2003 which was sanctioned by the fourth respondent. Again from 17/10/2003 to 21/12/2003 he availed leave without allowance. The next periods are from 22/12/2003 to 18/01/2004 and from 19/01/2004 to 30/04/2004, and again from 01/05/2004 to 31/05/2004. Separate applications were filed for the same. This was followed by leave availed for 92 days from 01/06/2004 to 31/08/2004, and for 121 days from 01/09/2004 to 30/12/2004, and for another three months from 31/12/2004 to 28/03/2005. Again from 29/03/2005 to 30/06/2005 leave for 94 days was taken and lastly the petitioner took leave from 01/07/2005 to 01/08/2005. W.P.(C). No.9751/2006 -:2:- 3. Exts.P1 to P9 have been produced to show that the petitioner has satisfied all the requirements for sanction of leave and there is considerable delay on the part of the respondents to sanction it. The petitioner is relying upon Ext.P6 letter sent by the District Educational Officer to the Secretary to Government, General Education Department to show that all the applications along with medical certificates have been produced at the relevant point of time and, therefore, there is no further action to be taken by the petitioner in the matter. Accordingly, the petitioner has sought for issuance of appropriate directions to the second respondent so as to enable him to get the necessary benefits. 4. So far, the above leave periods have not been regularised. Separate counter affidavits have been filed by the first and second respondents. In the counter affidavit filed on behalf of the second respondent it is stated that the Government had issued directions to forward a fresh medical opinion from the concerned medical Board and, therefore, without resubmitting the proposal, nothing can be done. In the counter affidavit filed on behalf of the first respondent, it is averred in paragraph (2) that the proposal for sanctioning leave without allowance for the various spells from 17/10/2003 was returned from the Government with a direction W.P.(C). No.9751/2006 -:3:- to submit detailed medical report since the leave without allowance was on medical certificate. But, due to the lapse of time the Medical Officer denied the request since the proposal was on 25/10/2005 and leave ended on 28/03/2005. In the counter affidavit filed on behalf of the second respondent it is further pointed out that medical report from the District Medical Officer is required. 5. The petitioner contends that he has satisfied all the requirements under law for sanctioning the leave period and regularise the same. But going by the averments in the counter affidavit, a proper medical certificate from the Medical Board was required. It cannot be said that the Government had failed in accepting all such certificates, since the certificates produced mainly are for undergoing treatment by Ayurvedic and Homoeopathic medicines. 6. In that view of the matter, if the petitioner produces a fresh medical certificate, as required in the counter affidavit, along with a representation before the second respondent, the District Educational Officer, within a period of one month, the second respondent will forward the same to the Government along with his report within a further period of one month. The first respondent will pass appropriate orders regarding W.P.(C). No.9751/2006 -:4:- regularisation of leave period within two months from the date of receipt of the medical report along with the representation to be filed by the petitioner. If no fresh certificates are produced, the Government will pass appropriate orders regarding the issue of regularisation of the period. 7. The learned counsel for the petitioner submitted that the pro- rata benefits upto 17/10/2003 can be processed by the competent authority and the same can be disbursed to the petitioner since he has already retired from service three years prior to this date. The said aspect shall also be considered by respondent Nos.1 to 3 and action as enjoined by law will be taken in the matter. The same shall also be done within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) ms