IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 5^TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946 WP(C) NO. 32120 OF 2023 PETITIONERS:

1 BHAVANA RAMESH, AGED 45 YEARS, W/O H. NARAYANAN, PISHARAM, NHANGATTIRI P.O., PATTAMBI, PALAKKAD, PIN - 679303

2 GEETHA C., AGED 54 YEARS, W/O GIRISH, SAMIKSHA, KAITHALI NAGAR, PATTAMBI, PALAKKAD, PIN - 679303

3 BEENA S.K., AGED 54 YEARS, W/O VENU, KANISHAKHA MANA, MATTAYA, NHANGATTIRI P.O., PALAKKAD, PIN - 679303

4 JYOTHILAKSHMI P.G., AGED 53 YEARS W/O MOHANAN, PATHATH HOUSE, THIRUVENKIDAM P.O., GURUVAYOOR, THRISSUR, PIN - 680101 BY ADVS. S.M.PREM P.RAMACHANDRAN (PALAKKAD)

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD, PIN - 679001

3 DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD, PIN - 679101

4 ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD, PIN - 679534

5 MANAGER, A.U.P. SCHOOL NHANGATTUR, NHANGATTIRI P.O., PALAKKAD, PIN - 679303 BY ADV.

SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 5^th day of March, 2025 The 1^st petitioner availed Leave Without Allowances (LWA) on medical grounds from 27.05.2005 to 26.05.2006, while working as UPST in AUP School, Nhangathur.

2. The 2^nd petitioner while working as UPST and petitioners 3 & 4 while working as LPST in AUP School, Nhangathur availed Leave Without Allowances on medical grounds from 31.05.2005 to 30.05.2006.

3. The 4^th respondent – Assistant Educational Officer sought second medical opinion in terms of Rule 118(a) of Part I KSR from the DMO (ISM) Palakkad, on the Medical Certificates produced by the petitioners for availing Leave Without Allowances. The DMO (ISM) Palakkad intimated the petitioners to be present on 25.08.2005 to have them medically examined as per Ext.P1 dated 01.08.2005.

4. The petitioners were medically examined on

25.08.2005 by a panel of three Doctors at the District Medical Office (ISM) Palakkad. Medical Reports dated 25.08.2005 in respect of each petitioner were forwarded to the Assistant Educational Officer, who in turn transmitted the same to the petitioners through the Headmaster of AUP School, Nhangathur as evidenced by Exts.P2 to P5.

5. The 4^th respondent - Assistant Educational Officer issued Ext.P6 letter dated 22.09.2005 directing the Headmaster to sanction Leave Without Allowances for 120 days to the petitioners relying on Exts.P2 to P5.

6. On 25.09.2005, the petitioners submitted subsequent applications for Leave Without Allowances supported by fresh Medical Certificates. The 1^st petitioner applied for Leave Without Allowances from 25.09.2005 to

26.05.2006. Petitioners 2 to 4 applied for Leave Without Allowances from 25.09.2005 to 30.05.2006.

7. On 12.01.2006, the 4^th respondent – Assistant Educational Officer straight away referred the case of petitioners 1, 3 & 4 to the Director of Health Services, Indian Systems of Medicine, Thiruvananthapuram, for medical opinion in terms of Rule 118(c) of Part I KSR (Exts.P7, P9 & P10).

8. On 13.01.2006, the Assistant Educational Officer referred the case of the 2^nd petitioner to the Director of Health Services, Indian Systems of Medicine, Thiruvananthapuram, for medical opinion in terms of Rule

118(c) of Part I KSR (Exts.P7, P9 & P10).

9. No action pursuant to Exts.P7 to P10 has ever been taken. On receipt of applications on 25.09.2005 for Leave Without Allowances supported by fresh Medical Certificates from the petitioners, the same were straight away referred for placing before the Medical Board for second medical opinion in terms of Rule 118(c) of Part I KSR, to the Director of Health Services (ISM) Thiruvananthapuram, without following the procedure prescribed under Rule 118(a) of Part I KSR.

10. There was no proper requisition under Rule

118(c) of