Suresan Vadakkayil vs The Principal
2021 Latest Caselaw 4433 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                         WP(C).No.74 OF 2021(H)


PETITIONER:

                SURESAN VADAKKAYIL
                AGED 60 YEARS
                S/O KANNAN NAIR,
                SAROVARAM,
                PUTHIYAKAVU,
                PAPPINISSERIL WEST P O ,
                KANNUR-670561.

                BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

RESPONDENT/S:

      1         THE PRINCIPAL, SES COLLEGE
                SREEKANDAPURAM,
                KANNUR-670631.

      2         THE CONTROLLER OF EXAMINATIONS
                CALICUT UNIVERSITY, CALICUT UNIVERSITY P O,
                MALAPPURAM-673635.

      3         THE CONTROLLER OF EXAMINATIONS
                KANNUR UNIVERSITY,
                MANAGATTUPARAMBA,
                KANNUR UNIVERSITY CAMPUS P O,
                KANNUR-670567.

      4         THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
                MANNANCHIRA,
                KOZHIKODE-673001.

                R1 BY ADV. SRI.GEORGE MECHERIL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.74 OF 2021(H)
                                   2



                             JUDGMENT

Dated this the 8th day of February 2021

This writ petition is filed seeking the following reliefs :-

(I) issue a writ of mandamus or any other appropriate writ order or direction directing the first respondent to forward the bills for surrender of earned benefits as per Exts.P3(a) to P3(i) call letters to the 4th respondent without delay.

(ii) issue a writ of mandamus or any other appropriate writ order or direction directing the first respondent to give the photo copies of the duty certificate pasted in the service for which call letters are not available in order to obtain counter signature from respondents 2 and 3 immediately.

(iii) issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to consider the request for counter signature in the duty certificate on production by the petitioner which is given to the similar persons like petitioner as early as possible.

(iv) issue a writ of mandamus or any other appropriate writ order or direction directing the 4th respondent to disburse the amount to the petitioner on submission of the bills for surrender of earned leave benefits.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel for the 1st respondent as well as the

learned Counsel for the University and the learned Government WP(C).No.74 OF 2021(H)

Pleader.

3. It is submitted by the learned counsel for the petitioner

that he is a retired Associate Professor from the 1 st respondent's

college. He had attended examination duty during various spells

and seeks the release of earned leave surrender benefits.

4. It is submitted that the bill submitted by the petitioner

have been honoured only in part and only 141 days of earned

leave surrender has been authorized and paid to the petitioner

out of 215 days for which he has eligibility. It is stated that

Ext.P2 communication has been issued by the 4 th respondent

stating that the call letters from the University are required for

releasing the balance amounts. It is submitted that Ext.P3 to

P3(i) call letters issued by the University have been produced

before the first respondent for forwarding to the 4 th respondent

for making payments of the balance amounts.

5. It is submitted that in respect of periods not covered by

P3 to P3(i) the petitioner has submitted a request before the first

respondent seeking photocopies of the duty certificates which

could be counter signed by respondents 2 and 3 for forwarding to WP(C).No.74 OF 2021(H)

the 4th respondent for the purpose of availing the earned leave

surrender benefits for the remaining dates as well.

6. The learned counsel for the 1 st respondent submits that

the 1st respondent is ready and willing to forward Ext.P3 to P3(i)

call letters submitted by the petitioner immediately. However, it

is stated that there are other periods as well and if the call letters

can be made available by the petitioner, he would be entitled to

the benefit of earned leave surrender for those days as well.

7. The learned counsel for the petitioner submits that the

petitioner is not in possession of the balance call letters and

seeks photocopies of the duty certificates posted in the service

book so as to get them counter signed by the University to be

forwarded it to the 4th respondent. I notice from Exts.P4 and P5

requests made by the petitioner that the dates of the duty

certificates sought for by the petitioner are not available from the

said representations.

8. In the above view of the matter, in case the petitioner

submits a further representation before the 1 st respondent with

specific dates of the duty certificates where the call letters are WP(C).No.74 OF 2021(H)

missing from the petitioner's possession, the same will be

considered by the Principal and necessary shall be done.

9. In the above view of the matter, there will be a

direction to the 1st respondent to forward Ext. P3 to P3(i) call

letters to the 4th respondent for release of the balance earned

leave surrender amounts. If the petitioner approaches the 1 st

respondent with a request with regard to the remaining period

with the details of the dates for which duty certificates are sought

for, the 1st respondent shall take an appropriate decision in that

regard without delay, at any rate, within two weeks from the date

of receipt of a copy of the fresh representation as directed above.

This writ petition is ordered accordingly.

Sd/­

ANU SIVARAMAN

JUDGE

ssa APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO.18459/2019 DATED 19.08.2019 OF THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COPY OF THE OBJECTION RAISED BY THE FOURTH RESPONDENT IN HONOURING THE BILL FOR SURRENDER OF EARNED LEAVE NO E3/11614/18 DATED 20.11.2019.

EXHIBIT P3 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO FIRST RESPONDENT TO FORWARD BALANCE BILL FOR SURRENDER OF EARNED LEAVE DATED 9/11/2020.

EXHIBIT P3(A) TRUE COPY OF THE CALL LETTER NO. DO.LR NO.EG-1/2/22904/2004 DATED 10.04.2005 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P3(B) TRUE COPY OF THE CALL LETTER NO. DO.LR NO.EG-1/2/22904/2004 DATED 06.05.2008 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P3(C) TRUE COPY OF THE CALL LETTER NO.

Ex.C.II/2/Addl.C.S/2009 DATED 28/04/2009 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3(D) TRUE COPY OF THE CALL LETTER NO.Ex.C.II-

1&3/UG/VAL/2010 DATED 27/3/2010 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3(E) TRUE COPY OF THE CALL LETTER NO.

EX.C.II/2/CS/ACS/VAL/2009 DATED 8/4/2010 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3(F) TRUE COPY OF THE CALL LETTER NO.EX.C.II/1&3/UG/VAL/2010 DATED 16.04.2010 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT PF(G) TRUE COPY OF THE CALL LETTER NO.EX.C.II/1&3/UG/VAL/2010 DATED 30.04.2010 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3(H) TRUE COPY OF THE CALL LETTER NO.EX.C.II/2/CS/ACS/2011 DATED 18.04.2011 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P3(I) TRUE COPY OF THE CALL LETTER NO.EX.C.II/2/ACS/2013 DATED 23.03.2013 ISSUED BY THE THIRD RESPONDENT.

WP(C).No.74 OF 2021(H)

EXHIBIT P4 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO 1ST RESPONDENT DATED 9/11/2020.

EXHIBIT P5 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 1ST RESPONDENT DATED 30/11/2020.

EXHIBIT P6 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 4TH RESPONDENT DATED 10.12.2020.