JUDGMENT : N.NAGARESH, J. The petitioner is before this Court aggrieved by the non-regularisation of the medical leave availed by the petitioner during the period from 02.01.2013 to 30.10.2013. 2. The petitioner was appointed as a Teacher in SN College on 03.01.2011. Later, she was selected and joined the DB College at Pampa on 12.07.2011. During the year 2013, the petitioner was suffering from severe back pain and was being treated at Bhavani Nursing Home, Nalanchira. The petitioner applied for Leave Without Allowance from 02.01.2013 to 30.10.2013. As the period exceeded four months, sanction from the Government was required. 3. The petitioner states that during November, 2014, the father of the petitioner fell seriously ill and the petitioner being the only daughter, she had to take care of him. The petitioner, therefore, submitted a representation seeking transfer to DB College, Sasthamcotta. By Ext.P6 order, the petitioner was transferred to DB College, Sasthamcotta. The petitioner had to enter leave without salary again from 31.10.2016 to 22.02.2017, to undergo treatment for back pain. Again ordinary leave was sanctioned, but LWA was denied. 4. The 6 th respondent-Principal of the College sent Ext.P8 letter dated 22.07.2022 to the 4 th respondent requiring to update the leave account of the petitioner. However, the 4 th respondent-Principal did not take any steps in that regard. The leave period of the petitioner for the year 2016 was not regularised. The petitioner, therefore, submitted Ext.P9 representation, dated 07.11.2022 to the 3 rd respondent- Travancore Devaswom Board. In the meanwhile, the promotion of the petitioner to stage three due on 04.01.2022 was stalled due to non-regularisation of her leave and increments. 5. The Under Secretary to Government of Kerala now issued Government Order dated 12.06.2024, regularising the period of the petitioner without reckoning the Medical Certificates. Consequently, the petitioner will lose her entitlement for increments, higher grade pension, and leave for the said period, for the reason that her medical leave application was before completing three years of service. The petitioner states that Ext.P11 Government Order dated 12.06.2024 is highly illegal. The respondents have no authority to alter the type of leave applied for, especially medical leave, contends the petitioner. 6. Respondents 1 and 2 resisted the writ petition filing counter affidavit. The petitioner states that Ext.P11 Government Order dated 12.06.2024 is highly illegal. The respondents have no authority to alter the type of leave applied for, especially medical leave, contends the petitioner. 6. Respondents 1 and 2 resisted the writ petition filing counter affidavit. Respondents 1 and 2 stated that the Leave Without Allowance application for the period from 02.01.2013 to 30.10.2013 was returned by the Deputy Director of Collegiate Education, for specifying the ground rule. The Manager has not resubmitted the leave application. Subsequently, consequent to the judgment of this Court in W.P.(C) No.22958 of 2023, the Director of Collegiate Education has forwarded the leave application to the Government as the leave to be granted is for a period of more than four months. 7. Respondents 1 and 2 pointed out that the petitioner joined regular service on 03.01.2011. She has not completed 3 years of continuous service. But, her leave exceeded 3 months. Therefore, the Government sanctioned LWA otherwise than on Medical Certificate to the petitioner from 02.01.2013 to 30.10.2013, by relaxing the provisions of Rule 88(ii) Part 1 KSR on condition that the leave shall not be counted for increment, higher grade pension, earned leave, and other service benefits. 8. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1, 2 and additional 7 th respondent. I have also heard the respective Standing Counsel representing respondents 3 to 5. 9. The petitioner joined Service in the DB College, Pampa on 12.07.2011 as Assistant Professor. The petitioner is now working at DB College, Sasthamcotta. The petitioner applied for Leave Without Allowance on medical grounds for the period from 02.01.2013 to 30.10.2013. As the period of leave exceeded three months, the application was forwarded to the Government of Kerala. 10. The Government of Kerala, as per Ext.P11, sanctioned Leave Without Allowance, but not on medical grounds, for the reason that the petitioner does not have three years service. As the Leave Without Allowance was not on medical grounds, the petitioner was made ineligible for increments, higher grade, pension, earned leave, etc., for the leave duration. The petitioner had to take Leave Without Allowance subsequently also from 31.10.2016 to 22.02.2017, the said leave was also not sanctioned as LWA. The said leave application also stamps starred due to non-regularisation of her increments and leave period since 2013. 11. The petitioner had to take Leave Without Allowance subsequently also from 31.10.2016 to 22.02.2017, the said leave was also not sanctioned as LWA. The said leave application also stamps starred due to non-regularisation of her increments and leave period since 2013. 11. The petitioner had specifically applied for Leave Without Allowance on medical grounds for the period from 02.01.2013 to 30.10.2013. The Government has sanctioned Leave Without Allowance, but not on medical grounds. Consequently, the petitioner will be losing the benefit of increments earned leave, higher grade, pension, etc., for the above duration. 12. In Ext.P12 judgment, this Court has held that the leave sanctioning authority does not have jurisdiction in terms of the Note appended to Rule 65 Part I KSR, to alter the nature of the leave applied for, by the incumbent. This Court held that Rule 117 Part I KSR states that before an Officer can be granted leave/extension of leave on Medical Certificate, he must obtain Certificate in the proforma mentioned thereunder from such Medical Authority as the Government may by general order prescribe. Rule 118 Part I KSR grants a discretion to the competent authority to secure a second medical opinion by requesting the Civil Surgeon in that regard. The competent authority also has the power to refer the case to the Medical Board constituted by the Director of Health Services on requisition. 13. In the case of the petitioner, respondents 1 and 2 unilaterally changed the nature of leave applied for by the petitioner. It is true that the petitioner has applied for LWA and what was granted is also LWA. However, non-sanctioning of LWA on medical grounds has serious adverse civil consequences on the petitioner. The petitioner is not a temporary employee. Therefore, the requirement of minimum three years service to avail Leave Without Allowance exceeding three months is also not sustainable. In the circumstances, the writ petition is disposed of directing the 4 th and 6 th respondents to take necessary measures to regularise the leave period of the petitioner from 02.01.2013 to 30.10.2013 and from 31.10.2016 to 22.02.2017, if necessary by subjecting the petitioner to a second medical opinion. The respondents shall thereafter consider the question of promotion of the petitioner to stage three (academic level 11 to 12) with effect from 04.01.2022 and to stage two. Ext.P1 is set aside.