Govt Employee Entitled To Special Disability Leave If Met With An Accident While Travelling From Residence To Workplace: Kerala High Court

The Kerala High Court has ruled that under Rules 97 and 98 of Part I of the Kerala Service Rules, a government employee who meets with an accident while travelling from their residence to workplace is entitled to special disability leave. 

A Division Bench comprising Justices AK Jayasankaran Nambiar and Mohammed Nias C.P observed:

"...the phrase 'caused in, or in consequence of due performance of his official duties or in consequence of his official position', which appear in both the Rules aforementioned, cannot be construed in a narrow and pedantic fashion so as to exclude a person who was admittedly an employee, who was travelling from her residence to the place of work at the time when the accident took place."

Brief Facts:

The petitioner, a Higher Secondary School teacher met with an accident while she was riding her scooter on her way to school from her residence. She sustained serious injuries and was hospitalised and under treatment 

Later on, she claimed the benefit of special disability leave in terms of Rules 97 and 98 but her claim was rejected by the Regional Deputy Director of Higher Secondary Education. Therefore, she preferred an appeal before the Government, but to no avail. 

When this Government Order was challenged before a Single Bench of this Court, the competent authority was directed to take up the application of the petitioner again and pass a fresh order thereon.

However, her claim was rejected again on the ground that the accident that occurred in the course of travel of the petitioner from her residence to the school could not be considered as one that occurred during the performance of her official duties. 

Challenging this, the petitioner moved the Court and the Single Judge found that the injury she suffered while she was on her way to work had to be seen as an injury suffered consequent on her employment.

Accordingly, the respondents were directed to sanction the special disability leave applied for by the petitioner. Against this decision of the Single Judge, the respondents preferred an appeal. 

Senior Government Pleader A.J. Varghese referred to Rules 97 and 98 to argue that the injury suffered by the petitioner could not be seen as either caused in, or in consequence of the due performance of her official duties or in consequence of her official position.

It was argued that the travel from her residence to the school could not be seen as travel in connection with her employment. 

The petitioners were represented by Advocates K. Sasikumar, P.S. Raghukumar, S. Aravind and K. Janardhana Shenoy.

Findings:

Dismissing the appeal, the Division Bench observed:

"A mere perusal of the provisions of Part I KSR which deal with various kinds of leave would reveal the underlying scheme therein which is that the sanction of various kinds of leave are contemplated only once it is established that the employee – employer relationship continues to exist without interruption."

It was further noted that the difference in the kinds of leave sanctioned is only in respect of the periods for which an employee can remain absent from work and the monetary benefits, if any, that will be paid to the employee during the said period.

"Thus, when the provisions of Rules  97 and 98 of Part I KSR that prescribe the conditions for the grant of leave are interpreted, the interpretation to be placed must be one that recognizes the above scheme and its intent, and furthers such intent."

The Court took the view on such interpretation, an employee who met with an accident while travelling from her residence to the place of work would be included within the ambit of the Rules. 

As such, the appeal was dismissed. 

Case Title: State of Kerala & Ors v. Shylaja K Unnithan

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