Kerala High Court
Union Territory Of Lakshadweep vs Dr.K.P.Hamsakoya on 20 January, 2026
2026:KER:4742
O.P.(CAT) No.7 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
OP (CAT) NO. 7 OF 2026
AGAINST THE ORDER DATED 21.03.2025 IN OA NO.341 OF 2021
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 2 TO 4:
1 UNION TERRITORY OF LAKSHADWEEP
REPRESENTED BY THE ADMINISTRATOR, KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN - 682555
2 THE DIRECTOR OF HEALTH SERVICES
DIRECTORATE OF HEALTH SERVICES, ADMINISTRATION OF
LAKSHADWEEP, KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP., PIN - 682555
3 THE SECRETARY (HEALTH),
ADMINISTRATION OF LAKSHADWEEP KAVARATTI ISLAND,
UNION TERRITORY OF LAKSHADWEEP, PIN - 682555
BY ADV SHRI.R.V.SREEJITH, SC, U.T.ADMINISTRATION OF
LAKSHADWEEP
RESPONDENTS/APPLICANT & 1ST RESPONDENT:
1 DR.K.P.HAMSAKOYA
AGED 65 YEARS
S/O MOHAMMAD KOYA KAKAILLAM (LATE), CHIEF MEDICAL
OFFICER (NFSG), AND MEDICAL OFFICER IN CHARGE,
GOVERNMENT HOSPITAL, MINICOY ISLAND, UNION TERRITORY
OF LAKSHADWEEP -682559, PERMANENTLY RESIDING AT
2026:KER:4742
O.P.(CAT) No.7 of 2026
2
KUNHIPAPPADA HOUSE, KALPENI ISLAND, UNION TERRITORY
OF LAKSHADWEEP, PIN - 682557
2 THE GOVERNMENT OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH &
FAMILY WELFARE, DEPARTMENT OF HEALTH & FAMILY
WELFARE CHS-II SECTION, NIRMAL BHAVAN, NEW DELHI,
PIN - 110011
OTHER PRESENT:
LEKSHMI MEENAKSHI CGC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 20.01.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:4742
O.P.(CAT) No.7 of 2026
3
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present original petition has been filed under Article 227 of the Constitution of India, assailing the order dated 21.03.2025 passed in O.A.No.341 of 2021 by the Central Administrative Tribunal, Ernakulam Bench, whereby the original application filed by the first respondent herein has been allowed.
2. The grievance of the petitioners/Union Territory of Lakshadweep is that the first respondent is not entitled for medical leave allowance as the disciplinary proceedings have been initiated against the first respondent wherein the charge No.1 is in relation to remaining unauthroisedly absent. The learned Tribunal has wrongly interpreted the charge No.1 and came to the conclusion that there is no charge available with regard to the unauthroised absence in the memo of charges. Therefore, the 2026:KER:4742 O.P.(CAT) No.7 of 2026 4 petitioners herein shall process the leave application in accordance with law within a period of 60 days from the date of receipt of a copy of the order. In compliance of the order passed in O.A.No.341 of 2021, the petitioners have already taken a decision and rejected the claim of the first respondent with regard to grant of medical leave allowance as per Ext.P8 dated 18.04.2025 and has treated the period to be unauthroised absence and declared the period from 03.07.2020 to 15.09.2020 as dies-non. Ground raised by the learned counsel for the petitioners is that the contempt of court case is pending before the CAT has no relevance insofar as this original petition is concerned.
3. At this stage, the learned counsel for the first respondent submitted that in spite of compliance with this order, the petitioners have initiated contempt proceedings, which is pending adjudication and have invoked Rule 8 of the Central Administrative Tribunal Procedure Rules seeking personal presence of the officers concerned. It is on 2026:KER:4742 O.P.(CAT) No.7 of 2026 5 this ground, the petitioners are constrained to challenge the order passed in O.A.No.341 of 2021.
4. Adv.Lekshmi Meenakshi, learned CGC appears for the second respondent. Heard the learned counsel for the petitioners and perused the impugned order.
5. From the impugned order, it is seen that the directions contained in paragraph 13 have already been complied by the petitioners by passing Ext.P8 order dated 18.04.2025, rejecting the claim for grant of medical leave allowance. In view of the aforesaid, the petitioners have no cause of action to challenge this order. Accordingly we do not find any reason to interfere with the order passed by the Central Administrative Tribunal.
Accordingly this original petition is hereby dismissed at the admission stage itself.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI JUDGE sd/-
P. V. BALAKRISHNAN JUDGE scl 2026:KER:4742 O.P.(CAT) No.7 of 2026 6 APPENDIX OF OP (CAT) NO. 7 OF 2026 PETITIONER ANNEXURES Annexure A15 TRUE COPY OF THE ORDER FILE NO.C.14011/01/2020-CHS-II DATED 04.06.2021 ISSUED BY THE 1ST RESPONDENT Annexure A17 TRUE COPY OF THE ORDER FILE NO.14011/01/2020-CHS-II DATED 10.06.2021 ISSUED BY THE 1ST RESPONDENT Annexure A1 TRUE COPY OF THE ORDER DATED 02.07.2020 ISSUED BY THE 3RD RESPONDENT VIDE NO.F.005/2/2012-DHS(2) Annexure A2 TRUE COPY OF THE LEAVE APPLICATION DATED 01.07.2020 SUBMITTED BY THE RESPONDENT/ APPLICANT, ALONG WITH THE REQUISITE MEDICAL CERTIFICATES Annexure A3 TRUE COPY OF THE LAST PAY CERTIFICATE DATED 08.07.2020 PERTAINING TO THE APPLICANT Annexure A4 TRUE COPY OF THE FIR IN CRIME NO.10 OF 2020 OF MINICOY POLICE STATION, UNION TERRITORY OF LAKSHADWEEP.
Annexure A5 TRUE COPY OF THE ORDER DATED 14.09.2020 ISSUED BY THE SECRETARY (HEALTH), ADMINISTRATION OF LAKSHADWEEP Annexure A6 TRUE COPY OF THE REPRESENTATION DATED 20.09.2020 PREFERRED BY THE APPLICANT Annexure A7 TRUE COPY OF THE LETTER NO.C.14011/01/2020-CHS-II DATED 20.11.2020 ISSUED BY THE CPIO & UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE.
Annexure A8 TRUE COPY OF THE OFFICE MEMORANDUM DATED 15.12.2020 ISSUED BY THE DIRECTOR (HEALTH SERVICES), LAKSHADWEEP ADMINISTRATION, VIDE F.NO.5/2/2020-DHS Annexure A9 TRUE COPY OF THE ORDER DATED 12.12.2020 ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE VIDE C.14011/01/2020- CHS-II Annexure A10 TRUE COPY OF THE ORDER DATED 15.12.2020 2026:KER:4742 O.P.(CAT) No.7 of 2026 7 ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE VIDE C.14011/01/2020- CHS-II Annexure A11 TRUE COPY OF THE OFFICE MEMORANDUM DATED 18.12.2020 ISSUED BY THE DIRECTOR (HEALTH SERVICES), LAKSHADWEEP ADMINISTRATION VIDE F.NO.5/2/2020-DHS Annexure A12 TRUE COPY OF THE APPEAL DATED 08.02.2021 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT (WITHOUT REFERENCE CITED DOCUMENTS) Annexure A13 TRUE COPY OF THE MEMORANDUM DATED 30.05.2021 ISSUED BY THE 1ST RESPONDENT, ALONG WITH ANNEXURES Annexure A14 TRUE COPY OF THE WRITTEN STATEMENT DATED 03.06.2021 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT Annexure A16 TRUE COPY OF THE ORDER DATED 04.06.2021 ISSUED BY THE 1ST RESPONDENT Annexure A18 TRUE COPY OF THE RELIEVING ORDER DATED 03.07.2020 ISSUED BY THE MEDICALA OFFICER IN CHARGE, GOVERNMENT HOSPITAL, MINICOY VIDE F.NO.6/3-2/2019 GHMCY.
Annexure A19 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE PHYSICIAN, GOVERNMENT HOSPITAL, MINICOY DATED 16.09.2020 Annexure A20 TRUE COPY OF THE CERTIFICATE FOR DRAWING THE SUBSISTENCE ALLOWANCE, FOR SEPTEMBER 2020 AND OCTOBER 2020 Annexure A21 TRUE COPY OF THE CERTIFICATE FOR DRAWING THE SUBSISTENCE ALLOWANCE, FOR NOVEMBER 2020 AND DECEMBER 2020 Annexure A22 TRUE COPY OF THE CERTIFICATE FOR DRAWING THE SUBSISTENCE ALLOWANCE, FOR JANUARY 2021 Annexure A23 TRUE COPY OF THE CERTIFICATE FOR DRAWING THE SUBSISTENCE ALLOWANCE, FOR FEBRUARY 2021 AND MARCH 2021 Annexure A24 TRUE COPY OF THE CERTIFICATE FOR DRAWING THE SUBSISTENCE ALLOWANCE, FOR APRIL 2021 AND MAY 2021 Annexure A25 TRUE COPY OF THE ORDER DATED 01.06.2021 OF THIS HON'BLE TRIBUNAL IN O.A.NO.181/00318/2020 2026:KER:4742 O.P.(CAT) No.7 of 2026 8 Annexure R3(a) TRUE COPIES OF THE RECEIPTS FOR SUBSISTENCE ALLOWANCE AND LEAVE SALARY Annexure R3(b) TRUE COPIES OF THE RECEIPTS FOR SUBSISTENCE ALLOWANCE AND LEAVE SALARY Annexure R3(c) TRUE COPY OF THE LETTER OF THE APPROVAL OF THE HON'BLE ADMINISTRATOR Annexure R3(d) TRUE COPY OF THE FIR NO.10/2020 OF THE MINICOY POLICE STATION Annexure R3(e) TRUE COPY OF THE APPROVAL OF THE MINISTRY OF HEALTH & FAMILY WELFARE, NEW DELHI Annexure A26 TRUE COPY OF THE ORDER DATED 26.10.2021 ISSUED BY THE DIRECTOR OF HEALTH SERVICES VIDE F.NO.53-15/2021-DHS Annexure A27 TRUE COPY OF THE REPRESENTATION DATED 29.11.2021 SUBMITTED BY THE APPLICANT BEFORE THE DIRECTOR OF HEALTH SERVICES Annexure A28 TRUE COPY OF THE OFFICE MEMORANDUM DATED 02.12.2021 ISSUED BY THE DISTRICT HEALTH OFFICER VIDE F.NO.20/02/12/2018-DHS (DP)/898 Annexure A29 TRUE COPY OF THE REPRESENTATION DATED 07.02.2022 SUBMITTED BY THE APPLICANT BEFORE THE DIRECTOR OF HEALTH SERVICES (WITHOUT ENCLOSURES) Annexure A30 TRUE COPY OF THE LETTER DATED 16.04.2022 ISSUED BY THE MEDICAL OFFICER IN CHARGE, GOVERNMENT HOSPITAL, MINICOY, (WITHOUT SUPPORTING DOCUMENTS AS THE SAME HAS ALREADY BEEN PRODUCED), TO THE DISTRICT HEALTH OFFICER, DEPARTMENT OF HEALTH SERVICES Annexure A31 TRUE COPY OF THE LETTER DATED 27.11.2021 ISSUED BY THE DIRECTOR (HEALTH SERVICES) (WITHOUT ENCLOSURES, AS THE SAME HAS ALREADY BEEN PRODUCED BY THE RESPONDENTS AS R3(A) AND R3(B) Annexure A32 TRUE COPY OF THE OFFICE MEMORANDUM DATED 21.12.2017 ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE.
Annexure A33 TRUE COPY OF THE OFFICE MEMORANDUM DATED 20.07.2021 ISSUED BY THE ADDITIONAL SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE Annexure A34 TRUE COPY OF THE OFFICE MEMORANDUM DATED 2026:KER:4742 O.P.(CAT) No.7 of 2026 9 25.10.2021 ISSUED BY THE DIRECTOR, MINISTRY OF FINANCE Annexure MA R1 TRUE COPY OF THE INQUIRY REPORT Annexure MA R2 TRUE COPY OF THE ORDER F.NO.C.C. 14011/01/2020-CHS.LL GOVERNMENT OF INDIA, MINISTRY OF HEALTH & FAMILY WELFARE (CHS- LL SECTION) DATED 11.09.2024 Exhibit P1 TRUE COPY OF THE OA NO.181/00341/2021 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 2 TO 4 IN THE ABOVE O.A Exhibit P3 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE REPLY STATEMENT OF THE RESPONDENTS 2 TO 4 Exhibit P4 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO. (M.A) NO.55/2025 FILED BY THE RESPONDENTS 2 TO 4 TO AMEND THEIR REPLY STATEMENT Exhibit P5 TRUE COPY OF THE MISCELLANEOUS APPLICATION NO.261/2025 FILED BY THE RESPONDENTS 2 TO 4 TO VACATE THE INTERIM ORDER DATED 18.12.2024 IN THE ABOVE O.A Exhibit P6 TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE APPLICANT IN THE ABOVE O.A. Exhibit P7 TRUE COPY OF THE ORDER DATED 21.03.2025 IN O.A.NO.181/00341/2021, OF THE TRIBUNAL Exhibit P8 TRUE COPY OF THE ORDER NO.
F.20/02/12/2018-DHS DATED 18.04.2025, ISSUED BY THE 2ND PETITIONER HEREIN