High CourtsDivision Bench(2011) 03 KL CK 0265

T.P. Geetha vs State of Kerala, The District Educational Officer and The General Manager, S.N.D.P. Yogam

High Court Of Kerala · Decided on 21 March 2011

HON’BLE JUDGES
C.N. Ramachandran Nair, J · B.P. Ray, J
RESULT
Dismissed
CASE NUMBER
WA. No. 351 of 2011

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Judgment

1 paragraphs · 208 words

C.N. Ramachandran Nair, J.—The issue raised pertains to Appellant''s claim for medical leave for a long period of five years. Appellant''s case is that all the leave applications have been accompanied by medical certificates. Even though leave is approved for part of the period, Government declined to grant medical leave for remaining period for want of evidence. The Government doubted the genuineness of the leave because it was applied for and obtained when Appellant was given transfer from one place to a distant place. The learned Single Judge agreed with the Government stating that without a Medical Board examination and without meticulous evidence about the disease and treatment Appellant is not entitled to leave. We are in complete agreement with the view of the Government confirmed by the learned Single Judge because leave itself is applied for when Appellant was transferred from one place to a far distant place. Therefore, bonfires was rightly doubted by the Government and in the absence of clear evidence about treatment, medical certificate and Medical Board examination and confirmation Appellant is not entitled to leave on medical grounds. Writ Appeal is dismissed confirming the judgment of the learned Single Judge giving option to the Appellant to establish eligibility in terms of Government''s directions.