STATE OF KERALA Vs. MAYA RAGHAVAN

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether a provisional employee appointed under R.9(a)(i) of the Kerala State & Subordinate Services Rules, is entitled to get leave without allowance under R.88 of Part I KSR. Learned Single Judge found in favour of the employee. Aggrieved by the same, the State and the Director of Medical Education, along with the Principal of the Medical College, have preferred this appeal.

(2.) We will narrate the facts, as we get in the Writ Petition. Petitioner was selected for appointment to the post of provisional Lecturer in various departments in the Medical College, Trivandrum. An interview was conducted on 25.4.2000. She was thereafter appointed under R.9(a)(i) of the KS & SSR as a provisional lecturer in the department of Pathology, Medical College, Trivandrum. Her appointment was for a period of one year from the date of her joining duty. On the basis of the order, she joined duty on 15.5.2000. While she was in service she fell ill, and her illness was diagnosed as Inter Vertebral Disk Prolapse. She was advised to undergo an emergency operation, and was admitted to the Cochin Spine Hospital on 22.5.2000 for emergent operation. On 22.5.2000 itself she sent a telegram to the Professor of Pathology praying for one month's leave, followed by leave application dated 22.5.2000 with a medical certificate. Initially she applied for leave for 30 days from 22.5.2000. On expiry of the said leave on 21.6.2000, she applied for another 28 days of leave along with medical certificate.

(3.) Petitioner on expiry of the leave reported for duty on 18.7.2000 with a fitness certificate. She was not permitted to join duty, but was served with an order dated 26.6.2000 stating that as per Appendix VIII of Part I KSR she was not eligible for leave, and consequently her service was terminated with effect from 22.5.2000. On receipt of the said order, she preferred a representation before the Principal, Medical College. Since no action has been taken, she has preferred the Writ Petition challenging the order of termination, and also seeking a direction to the authorities to reinstate her and to grant leave prayed for. Learned Single Judge quashed the order of termination, and directed the authorities to grant leave to the petitioner. Authorities were also directed to reinstate the petitioner as Lecturer in the Medical College. Aggrieved by the said Judgment, this appeal is preferred.