Bhavana Ramesh vs State Of Kerala
2025 Latest Caselaw 4807 Ker

Kerala High Court

Bhavana Ramesh vs State Of Kerala on 5 March, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                            2025:KER:18477

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

           THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 5TH 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
                                               2025:KER:18477
W.P.(C) No.32120/2023
                             :2:



     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:
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W.P.(C) No.32120/2023
                                :3:




                           JUDGMENT

Dated this the 5th day of March, 2025

The 1st 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 2nd 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 4th 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 2025:KER:18477

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 4th 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 1st petitioner

applied for Leave Without Allowances from 25.09.2005 to 2025:KER:18477

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 4th 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 2025:KER:18477

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 Part I KSR to the Director of Health Services (ISM) to

place it before the Medical Board. There is no second medical

opinion from the DMO (ISM) Palakkad, obtained in terms of

Rule 118(a) of Part I KSR on the Medical Certificates submitted

on 25.09.2005 along with applications for Leave Without

Allowances to constitute a Medical Board to have the petitioners

medically examined by the Medical Board as contemplated

under Rule 118(c) of Part I KSR, contend the petitioners.

11. The principle laid down by this Court in Rajan

v. State of Kerala [2005 KHC 43] applies on all fours to the

present case, urged the petitioners. There is no point in

relegating the petitioners for a second opinion at this distance of

time. Admittedly, the petitioners had joined duty on 05.06.2006

and they continue without any break in service as UPST/LPST

in AUP School, Nhangathur.

2025:KER:18477

12. I have heard the learned counsel for the

petitioners and the learned Government Pleader representing

the respondents.

13. The petitioners state that the one year Leave

Without Allowance applied for by them ought to have been

granted and the leave should not have been confined to 120

days. Though there was a direction to the petitioners and as per

Exts.P7 to P10 applications were forwarded to the Medical

Board invoking Rule 118(c) of Part I KSR, the Medical Board did

not send any letter or intimation or notice to the petitioners for

subjecting them to medical examination.

14. The petitioners were permitted to rejoin duty

after one year. However, they are not being disbursed with

regular eligible monthly salary due from 05.06.2006 onwards

reckoning the service of petitioners 1 and 2 as UPST and the

service of petitioners 3 and 4 as LPST. The petitioners are now

being paid only the basic wages.

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15. Government Pleader contested the writ petition

and submitted that the petitioners have taken one year leave in

order to aid the Manager of the School to make fraudulent

appointments. The Leave Without Allowance applied for by the

petitioners under medical grounds was sanctioned only for a

period of 120 days. Thereafter, the petitioners were required to

undergo medical examination on the basis of fresh Medical

Certificate.

16. Be that as it may, it is submitted that the

disciplinary proceedings initiated against the petitioners in this

regard have culminated in imposition of a penalty of withholding

of one increment with cumulative effect. The petitioners have

filed applications in order to challenge the punishment orders by

amending the writ petition.

17. I find that if the disciplinary proceedings are

concluded by imposition of a penalty, then necessarily the 2025:KER:18477

respondents will have to regularise the period of Leave Without

Allowance applied for by the petitioners appropriately.

Presumably, it is due to the fact that the leave period was not

regularised in any manner that the petitioners are being paid

basic wages only.

18. As regards the challenge of the petitioners

against the imposition of penalty of barring of one increment

with cumulative effect, I am of the view that since the petitioners

have effective appellate / revisional remedy against imposition

of penalty, this Court need not go into that aspect in this writ

petition.

The writ petition is therefore disposed of directing

respondents 2 to 4 to consider regularisation of the period of

Leave Without Allowance / absence of the petitioners

appropriately. Orders in this regard shall be passed within a

period of one month. The petitioners shall be paid eligible

salary thereafter along with eligible arrears of salary. The 2025:KER:18477

petitioners will be at liberty to challenge the penalty imposed on

them appropriately.

Sd/-

N. NAGARESH JUDGE SR 2025:KER:18477

APPENDIX OF WP(C) 32120/2023

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE INTIMATION DATED 01- 08-2005 RECEIVED BY THE 1ST PETITIONER FROM THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE, PALAKKAD

Exhibit P2 TRUE COPY OF THE MEDICAL REPORT DATED 25-08-2005 OF THE DISTRICT MEDICAL OFFICER (ISM) PALAKKAD IN RESPECT OF THE 1ST PETITIONER

Exhibit P3 TRUE COPY OF THE MEDICAL REPORT DATED 25-08-2005 OF THE DISTRICT MEDICAL OFFICER (ISM) PALAKKAD IN RESPECT OF THE 2ND PETITIONER

Exhibit P4 TRUE COPY OF THE MEDICAL REPORT DATED 25-08-2005 OF THE DISTRICT MEDICAL OFFICER (ISM) PALAKKAD IN RESPECT OF THE 3RD PETITIONER

Exhibit P5 TRUE COPY OF THE MEDICAL REPORT DATED 25-08-2005 OF THE DISTRICT MEDICAL OFFICER (ISM) PALAKKAD IN RESPECT OF THE 4TH PETITIONER

Exhibit P6 TRUE COPY OF THE LETTER DATED 22-09- 2005 ISSUED BY THE 4TH RESPONDENT -AEO TO THE HEADMASTER FORWARDING COPY THE MEDICAL REPORT IN RESPECT OF THE 2ND PETITIONER

Exhibit P7 TRUE COPY OF LETTER NO. D/2738/05 DATED 12-01-2006 OF THE 4TH RESPONDENT - AEO REFERRING THE CASE OF THE 1ST PETITIONER TO THE DIRECTOR, HEALTH SERVICE (ISM), THIRUVANANTHAPURAM

Exhibit P8 TRUE COPY OF LETTER NO. D/4226/05 DATED 2025:KER:18477

13-01-2006 OF THE 4TH RESPONDENT - AEO REFERRING THE CASE OF THE 2ND PETITIONER TO THE DIRECTOR, HEALTH SERVICE (ISM), THIRUVANANTHAPURAM,

Exhibit P9 TRUE COPY OF LETTER NO. D/4222/05 DATED 12-01-2006 OF THE 4TH RESPONDENT - AEO REFERRING THE CASE OF THE 3RD PETITIONER TO THE DIRECTOR, HEALTH SERVICE (ISM), THIRUVANANTHAPURAM

Exhibit P10 TRUE COPY OF LETTER NO. D/4224/05 DATED 12-01-2006 OF THE 4TH RESPONDENT - AEO REFERRING THE CASE OF THE 4TH PETITIONER TO THE DIRECTOR, HEALTH SERVICE (ISM), THIRUVANANTHAPURAM,

Exhibit P11 TRUE COPY OF ORDER NO. DDEPKD/2898/2024 B6 DATED 19-11-2024 ISSUED BY THE 2ND RESPONDENT - DDE PALAKKAD.