Back
2025 Supreme(Ker) 1215
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Lekshmy Sreekumar W/o. C. Prasanth - Petitioner
Vs.
The Director Of Collegiate Education Vikas Bhavan, Thiruvananthapuram - Respondent
WP(C) No. 22958 Of 2023
Decided On : 13-05-2025
Advocate Appeared:
For the Petitioner: SHAFIK M.A., RAMAKRISHNAN D.
For the Respondent: SRI.BIJU G., SC, SRI.THOMAS ABRAHAM, SC, SRI.TONY AUGUSTIVE, GOVERNMENT PLEADER
The leave sanctioning authority cannot unilaterally change the nature of leave applied for, which leads to adverse consequences for the employee.
Headnote:
(A) Kerala Service Rules - Rule 65, Rule 88(ii), Rule 117, Rule 118 - Leave Without Allowance - The petitioner applied for medical leave from 02.01.2013 to 30.10.2013, which was not regularised, affecting her increments and pension - The authority altered the nature of leave applied for, which is not permissible under the rules. (Paras 5, 10, 12)
(B) Jurisdiction of Leave Sanctioning Authority - The leave sanctioning authority cannot unilaterally change the nature of leave applied for by an employee, as it leads to adverse civil consequences. (Paras 12, 13)
Facts of the case:
The petitioner, a teacher, sought medical leave due to severe back pain and later faced issues with the regularisation of her leave, impacting her promotion and benefits.
Findings of Court:
The court directed the respondents to regularise the leave periods and consider the petitioner's promotion, emphasizing the need for a second medical opinion if necessary.
Issues: The main issues were the authority's power to alter the nature of leave and the implications of non-regularisation on the petitioner's service benefits.
Ratio Decidendi: The court ruled that the alteration of leave type by the authority is illegal and that the requirement of three years of service for extended leave is not applicable to the petitioner.
Result: Writ petition disposed of in favor of the petitioner.
JUDGMENT :
N.NAGARESH, J.
The petitioner is before this Court aggrieved by the non-regularisation of the medical leave availed by the petitioner during the period from 02.01.2013 to 30.10.2013.
2. The petitioner was appointed as a Teacher in SN College on 03.01.2011. Later, she was selected and joined the DB College at Pampa on 12.07.2011. During the year 2013, the petitioner was suffering from severe back pain and was being treated at Bhavani Nursing Home, Nalanchira. The petitioner applied for Leave Without Allowance from 02.01.2013 to 30.10.2013. As the period exceeded four months, sanction from the Government was required.
3. The petitioner states that during November, 2014, the father of the petitioner fell seriously ill and the petitioner being the only daughter, she had to take care of him. The petitioner, therefore, submitted a representation seeking transfer to DB College, Sasthamcotta. By Ext.P6 order, the petitioner was transferred to DB College, Sasthamcotta. The petitioner had to enter leave without salary again from 31.10.2016 to 22.02.2017, to undergo treatment for back pain. Again ordinary leave was sanctioned, but LWA was denied.
4. The 6th respondent-Principal of the College sent Ext.P8 letter dated 22.07.2022 to the 4th respondent requiring to update the leave account of the petitioner. However, the 4th respondent-Principal did not take any steps in that regard. The leave period of the petitioner for the year 2016 was not regularised. The petitioner, therefore, submitted Ext.P9 representation, dated 07.11.2022 to the 3rd respondent- Travancore Devaswom Board. In the meanwhile, the promotion of the petitioner to stage three due on 04.01.2022 was stalled due to non-regularisation of her leave and increments.
5. The Under Secretary to Government of Kerala now issued Government Order dated 12.06.2024, regularising the period of the petitioner without reckoning the Medical Certificates. Consequently, the petitioner will lose her entitlement for increments, higher grade pension, and leave for the said period, for the reason that her medical leave application was before completing three years of service. The petitioner states that Ext.P11 Government Order dated 12.06.2024 is highly illegal. The respondents have no authority to alter the type of leave applied for, especially medical leave, contends the petitioner.
6. Respondents 1 and 2 resisted the writ petition filing counter affidavit. Respondents 1 and 2 stated that the Leave Without Allowance application for the period from 02.01.2013 to 30.10.2013 was returned by the Deputy Director of Collegiate Education, for specifying the ground rule. The Manager has not resubmitted the leave application. Subsequently, consequent to the judgment of this Court in W.P.(C) No.22958 of 2023, the Director of Collegiate Education has forwarded the leave application to the Government as the leave to be granted is for a period of more than four months.
7. Respondents 1 and 2 pointed out that the petitioner joined regular service on 03.01.2011. She has not completed 3 years of continuous service. But, her leave exceeded 3 months. Therefore, the Government sanctioned LWA otherwise than on Medical Certificate to the petitioner from 02.01.2013 to 30.10.2013, by relaxing the provisions of Rule 88(ii) Part 1 KSR on condition that the leave shall not be counted for increment, higher grade pension, earned leave, and other service benefits.
8. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1, 2 and additional 7th respondent. I have also heard the respective Standing Counsel representing respondents 3 to 5.
9. The petitioner joined Service in the DB College, Pampa on 12.07.2011 as Assistant Professor. The petitioner is now working at DB College, Sasthamcotta. The petitioner applied for Leave Without Allowance on medical grounds for the period from 02.01.2013 to 30.10.2013. As the period of leave exceeded three months, the application wa
