IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR MONDAY, THE 27^TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 WA NO. 837 OF 2016 AGAINST THE JUDGMENT DATED 17.11.2015 IN WPC NO.15569 OF

2013 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

BOSE T AGED 63 YEARS S/O.K.THANKAPPAN, RESIDING AT PARIPALLY PURAYIDOM, NO.57, KADAPPAKKADA NAGAR, KADAPPAKKADA P.O., KOLLAM-691008.

BY ADV SRI.SAJU J PANICKER RESPONDENTS/RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF RAILWAY, NEW DELHI-110001.

2 GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI-600003.

3 ADDITIONAL GENERAL MANAGER SOUTHERN RAILWAY, CHENNAI-600008.

4 CHEF MEDICAL DIRECTOR SOUTHERN RAILWAY, CHENNAI-600008. 5 CHIEF MEDICAL SUPERINTENDENT

6 DIVISIONAL SECURITY COMMISSIONER

7 DIVISIONAL RAILWAY MANAGER THIS WRIT APPEAL HAVING BEEN HEARD ON 27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Amit Rawal, J.

Appellant is aggrieved of the order of the Single Bench dated 17.11.2015 whereby the following claim laid in the writ petition bearing No.15569 of 2013 has been declined.

i. to issue a writ of certiorari quashing Ext.P9 ii. issue a writ of mandamus, order or direction to the 4^th and 6^th respondent to consider the days spent by the petitioner for periodical medical examination as duty.

iii. issue a writ of mandamus, or direction to the 6^th respondent to consider the days spent by the petitioner for periodical medical examination as duty and to encash the remaining leave days of 165 days to the petitioner.

2. The facts culled out from the pleadings of the writ petition, it is evident that as per the applicable Rules, every employee working in the department had to undergo a periodic medical check up. Appellant while attending a four – week refresher course, was examined by the Senior Divisional Medical Officer of the Health Unit at Kottayam on 25.7.2008 and was directed to be examined by the DMO, Thiruvananthapuram. He was examined by the DMO, Thiruvananthapuram of the Southern Railway on 30.5.2008 and by 3.6.2008, it was opined that he has to be examined by some expert ie., Railway Hospital at Perambur as he was suffering from some ailments, which were particular not general check up. On the basis of the medical report, was decategorized to hold a sedentary post and continued till his retirement on 30.4.2013. The period from 30.5.2008 to 20.1.2009 was treated as leave. The only grievance is that the aforementioned period, appellant-petitioner has not been granted leave encashment. Reliance has been placed to paragraph 524 of the Indian Railway Medical Manual, which mandates that an employee absent from duty for periodical medial re-examination would be treated as continuity in service.

3. Learned Single Bench upheld the impugned order dated

24.8.2012 rejecting the prayer of the appellant-petitioner, submitted after retirement for not treating the period on duty for the reason that it was not a periodical examination but it was on account of specific health problem. The aforementioned findings are given by noticing the medical records, therefore, cannot be treated as duty. We do not find any illegality and perversity in the impugned order.

Writ appeal is dismissed.

Sd/-

AMIT RAWAL JUDGE Sd/-

sab K. V. JAYAKUMAR JUDGE