Accident on way to office: High Court says employees eligible for special leave

KOCHI: The High Court has clarified that government employees are entitled to special leave for treatment in case of an accident while traveling to the office. A division bench comprising Justice AK Jayashankaran Nambiar and Justice CP Mohammad Niyas dismissed the appeal filed by the government against the single bench's verdict that Shailaja K Unnithan, a teacher of Alappuzha Thamarakulam VV Higher Secondary School, who was injured in a road accident, was entitled to special leave.

The petitioner was on her way to school on a scooter on the morning of August 17, 2012 when the accident happened. The treatment was for four months. She then applied for special leave (special disability leave) during this period but was rejected. On November 19, 2020, the single bench ordered that special leave be granted to the petitioner. However, the government's appeal stated that travel to school cannot be linked to employment and that special leave under the Kerala Service Act could not be granted. The Division Bench also said that such narrow interpretations should not be allowed to allow leave to an employee involved in an accident.