The court upheld that leave without allowance not sanctioned on medical grounds is not countable for increments and benefits.

J U D G M E N T

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The petitioner, who is an Associate Professor in Sanskrit in Sree Narayana College, Kollam, seeks to quash Exts.P4 and P5 to the extent they impose a condition that the period from 02.07.2019 to 15.12.2020 will not be reckoned for the purpose of Increment, Higher Grade, Pension and Commuted Value.

2. The petitioner states that he entered service as Lecturer on 09.12.2004 and was later re- designated as Assistant Professor. The petitioner applied for Leave Without Allowance for 91 days from 02.07.2019 to 30.09.2019. The leave was sanctioned as per Ext.P1. The petitioner sought further leave from 01.10.2019 to 27.03.2020. The said leave was also sanctioned as per Ext.P2. The joining date after the leave period was 30.03.2020. The national lock down due to Covid-19 pandemic came into force on 25.03.2020 and hence the petitioner could not join duty on 30.03.2020. The College remained closed for summer vacation from 01.04.2020 to

31.05.2020.

3. The petitioner again applied for leave from

01.06.2020 to 04.09.2020. The leave was granted. The leave was again applied for, for the period from 05.09.2020 to 15.12.2020. The said leave was also sanctioned and the petitioner rejoined duty on 16.12.2020. The petitioner is continuing in service thereafter.

4. The petitioner learnt that leave beyond 120 days were not approved by the Government. The petitioner therefore submitted Ext.P3 representation to the 1^st respondent. The petitioner was required to resubmit application with changes. In Ext.P4 communication, it was informed that the period from 02.07.2019 to 15.12.2020 will not be reckoned for Increment, Higher Grade, Pension and Commutation, as per Ext.P5.

5. The petitioner states that the condition in Ext.P4 that the period from 02.07.2019 to 15.12.2020 will not be reckoned for the purpose of Increment, Higher Grade, Pension and Commutation, will prejudicially affect the petitioner. The 4^th respondent ought to have taken appropriate action to regularise the leave period from 01.06.2020 to 04.09.2020 and from 05.09.2020 to

15.12.2020.

6. The 1^st respondent resisted the writ petition. The 1^st respondent submitted that the Deputy Director of Collegiate Education has reported that the petitioner has not resubmitted application for adjusting the following leave periods:

(a) LWA on medical grounds from

02.07.2019 to 27.03.2020 – 270 days.

(b) LWA on private affairs from 28.03.2020 to 31.05.2020 – 65 days.

(c) LWA on medical ground from

01.06.2020 to 15.12.2020 – 198 days.

The Director of Collegiate Education has forwarded the leave applications to the Government and recommended to consider the applications on the basis of Circular dated 30.12.2005. The Circular provided that LWA under Rule 88 otherwise than on medical certificate shall not be counted for Increment, Higher Grade, Pension or accumulation of earned leave.

7. The 4^th respondent also filed a counter affidavit. The 4^th respondent stated that the petitioner had submitted a representation to the Government to regularise the period of her leave. From Ext.P4 communication of the Principal Secretary, it is evident that the petitioner has to submit a fresh leave application implying that the period from 02.07.2019 to 15.12.2020 will not be reckoned for the purpose of Increment, Higher Grade, Pension, Commutation, etc.

8. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. I have also heard the learned Standing Counsel appearing for respondents 4 and 5.

9. It is evident that the petitioner has taken leave for the following periods:

02.07.2019 to 30.09.2019 – on medical grounds. 01.10.2019 to 27.03.2020 – on medical grounds.

01.06.2020 to 04.09.2020 – LWA. 05.09.2020 to 15.12.2020 – LWA The petitioner rejoi