Kerala High Court
Palaparthi Ravi vs Fertilizers And Chemicals ... on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
WP(C).No.2213 OF 2021(B)
PETITIONER:
PALAPARTHI RAVI
AGED 37 YEARS
RFCL TOWNSHIP, QUARTERS NO.C-70, FERTILIZER CITY,
RAMAGUNDAM PEDDAPALI DISTRICT, TELANGANA STATE-
505210.
BY ADVS.
SRI.RAJESH NAIR
SRI.K.BALACHANDRAN (MANGALATH)
SRI.BIJOY CHANDRAN
RESPONDENTS:
1 FERTILIZERS AND CHEMICALS TRAVANCORE LTD.
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
CORPORATE OFFICE, UDYOGAMANDAL, PIN-683501.
2 THE CHAIRMAN AND MANAGING DIRECTOR,
FERTILIZERS AND CHEMICALS TRAVANCORE LTD., CORPORATE
OFFICE, UDYOGAMANDAL, PIN-683501, ERNAKULAM DISTRICT,
KERALA STATE.
3 THE GENERAL MANAGER (HR),
FACT LTD., UDYOGAMANDAL, PIN-683501, ERNAKULAM
DISTRICT, KERALA STATE.
R1-3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R1-3 BY ADV. SRI.K.JOHN MATHAI
R1-3 BY ADV. SRI.JOSON MANAVALAN
R1-3 BY ADV. SRI.KURYAN THOMAS
R1-3 BY ADV. SRI.PAULOSE C. ABRAHAM
R1-3 BY ADV. SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, ALONG WITH WP(C).1256/2021(F), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).2213/2021 & WP(C).1256/2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
WP(C).No.1256 OF 2021(F)
PETITIONERS:
PUTTA RAMA GOVINDU
AGED 33 YEARS
FLAT NO. 12A, TIKNAR OLINA APARTMENTS,
MARROTHICHODU, EDAPALLY, KOCHI - 682024.
BY ADVS.
SRI.RAJESH NAIR
SRI.BIJOY CHANDRAN
SHRI.NIKHIL VISWAM
RESPONDENTS:
1 FERTILIZERS AND CHEMICALS TRAVANCORE LTD.
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR CORPORATE OFFICE, UDYOGAMANDAL, PIN -
683501.
2 THE CHAIRMAN AND MANAGING DIRECTOR
FERTILIZERS AND CHEMICALS TRAVANCORE LTD,
CORPORATE OFFICE, UDYOGAMANDAL, PIN - 683501,
ERNAKULAM DISTRICT, KERALA STATE.
3 THE GENERAL MANAGER (HR)
FACT LTD, UDYOGAMANDAL, PIN - 683501, ERNAKULAM
DISTRICT, ERNAKULAM STATE.
R1-3 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R1-3 BY ADV. SRI.K.JOHN MATHAI
R1-3 BY ADV. SRI.JOSON MANAVALAN
R1-3 BY ADV. SRI.KURYAN THOMAS
R1-3 BY ADV. SRI.PAULOSE C. ABRAHAM
R1-3 BY ADV. SRI.RAJA KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2021, ALONG WITH WP(C).2213/2021(B), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).2213/2021 & WP(C).1256/2021
3
JUDGMENT
[ WP(C).2213/2021, WP(C).1256/2021 ]
Dated this the 16th day of February 2021
These writ petitions are filed seeking the following
relief:-
"Issue a writ of mandamus or such other appropriate writ,
direction or order directing the respondents to pay the
petitioner his eligible balance leave encashment along with
interest @ 18% expeditiously, at any rate within a time
limit as fixed by this Honourable Court."
2. Heard the learned counsel for the petitioner and
the learned counsel appearing for the respondents.
3. It is submitted that the petitioners were
employees of the 1st respondent Company, who had been
relieved from service on resignation for taking up
employment in other public sector undertaking. It is
submitted that the 1st respondent had issued no objection to
the petitioners for participating in the selection to the latter
public sector undertaking as well. It is submitted by the
WP(C).2213/2021 & WP(C).1256/2021
learned counsel for the petitioners that the salary certificate
would show that the petitioners had paid leave to their
credit, which was liable to be encashed on the basis of the
leave rules in force. It is stated that in similar cases, the
respondents had refused to grant the benefits of
encashment of paid leave and the issue had been
considered by this Court in a common judgment in W.P.(C)
Nos.31700/2014 and 33684/2015. With regard to the claim
for leave encashment, this Court had held that the freezing
of such encashment in 1997 would not survive after the pay
revision orders w.e.f 01.01.2007 and that the benefits are
liable to be granted to persons, who are relieved from
service irrespective of the fact that they have submitted
their resignation.
4. A counter affidavit has been placed on record by
the 1st respondent. It is submitted that the claim of the
petitioners for enchasment of paid leave cannot be accepted
in view of the fact that there was a freezing of the scheme of
leave encashment w.e.f 12.07.2001 except as a terminal
WP(C).2213/2021 & WP(C).1256/2021
benefit in case of retirement and death. It is further stated
that 2010 pay revision order does not repeal or render the
previous pay revision orders null and void and that the
freezing continues. It is further contended that the
petitioner, who had resigned from service is not eligible for
grant of the leave encashment benefits.
5. Having considered the contentions advanced, I
find that the specific issue as to the entitlement of
encashment of leave on resignation has been considered by
this Court in the judgments, which are produced along with
these writ petitions. It was held that the 2010 pay revision
order made it clear that persons, who resigned from service
of the 1st respondent Company after the date of effect of the
pay revision, would be entitled to leave encashment as per
the leave rules in force in the Company. The said judgment
has been upheld in appeal as also in SLP.
6. In the above view of the matter, I am of the
opinion that the contentions raised in the counter affidavit
WP(C).2213/2021 & WP(C).1256/2021
cannot be accepted. The petitioners would be entitled to
encashment of paid leave according to their entitlement as
per the leave rules. There will be a direction to the
respondents to disburse the benefits of encashment of paid
leave according to their eligibility in the leave rules within a
period of one month from the date of receipt of a copy of
this judgment.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/17.02.2021
WP(C).2213/2021 & WP(C).1256/2021
APPENDIX OF WP(C) 2213/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF CERTIFICATE DATED 12.11.18
ISSUED BY THE SR.MNGR.(H.R.), FACT LTD.
EXHIBIT P2 COPY OF RELIEVING ORDER DATED 7.1.19 OF
THE SR. MNGR.(H.R.), FACT LTD.
EXHIBIT P3 COPY OF AN INFORMATION DATED 18.11.20
RECEIVED BY THE PETITIONER FROM THE
RESP. COMPANY BY ONLINE ON HIS
APPLICATION DATED 21.10.20, UNDER THE
RTI ACT, SHOWING HIS BALANCE PL AS 67.
EXHIBIT P4 COPY OF LETTER DATED 27.2.20 OF THE
PETITIONER TO RESP. COMPANY (EXCLUDING
ENCLOSURES).
EXHIBIT P5 COPY OF ORDER NO.106/8/2000-HR-1 DATED
11.7.01.
EXHIBIT P6 COPY OF MANAGERIAL PAY REVISION ORDER
DATED 28.8.01.
EXHIBIT P7 COPY OF MANAGERIAL PAY REVISION ORDER
DATED 14.8.10.
EXHIBIT P8 COPY OF THE JUDGT. DATED 11.1.17 IN
WP(C)31700/14.
EXHIBIT P9 COPY OF THE JUDGT. DATED 27.2.18 IN
W.A.507/17.
EXHIBIT P10 COPY OF THE JUDGT. DATED 30.10.2018 IN
W.A.1554/18.
EXHIBIT P11 COPY OF THE JUDGT. DATED 8.11.18 IN
WP(C) 23318/18.
EXHIBIT P12 COPY OF THE JUDGT. DATED 23.10.19 IN
WP(C) 24734/19.
EXHIBIT P13 COPY OF THE RECENT UNDATED
REPRESENTATION.
WP(C).2213/2021 & WP(C).1256/2021
APPENDIX OF WP(C) 1256/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE CERTIFICATE DATED
15.08.2014 SIGNED BY C AND MD
CONCERNING PERFORMANCE EXCELLENCE AWARD
2014 GRANTED TO PETITIONER.
EXHIBIT P2 COPY OF THE CERTIFICATE DATED
15.08.2017 SIGNED BY C AND MD
CONCERNING PERFORMANCE EXCELLENCE AWARD
2017 GRANTED TO PETITIONER.
EXHIBIT P3 COPY OF CERTIFICATE DATED 25.10.2018
ISSUED BY THE SR.MNGR(H.R) RACT LTD.
EXHIBIT P4 COPY OF RELIEVING ORDER DATED 28.02.19
OF THE SR. MNGR(H.R) FACT LTD.
EXHIBIT P5 COPY OF SALARY STATEMENT OF PETITIONER
FOR THE MONTH OF FEBRUARY 2019,
EXHIBIT P6 COPY OF LETTER DATED 27.02.2019 OF THE
PETITIONER TO THE DGM(HR) OF THE RESP.
COMPANY.
EXHIBIT P7 COPY OF RECENT LETTER/REMINDER DATED
22.12.20 OF THE PETITIONER TO RESP.
COMPANY.
EXHIBIT P8 COPY OF ORDER NO.106/8/2000-HR-1 DATED
11.07.01.
EXHIBIT P9 COPY OF MANAGERIAL PAY REVISION ORDER
DATED 28.08.01.
EXHIBIT P10 COPY OF MANAGERIAL PAY REVISION ORDER
DATED 14.08.10.
EXHIBIT P11 COPY OF THE JUDGT.DT. 11.01.17 IN WP(C)
31700/14.
EXHIBIT P12 COPY OF THE JUDGT.DT.27.02.18 IN W.A
507/17.
WP(C).2213/2021 & WP(C).1256/2021
EXHIBIT P13 COPY OF THE JUDGT. DT.30.10.2018 IN WA
1554/18.
EXHIBIT P14 COPY OF THE JUDGT. DATED 08.11.18 IN
WP(C) 23318/18.
EXHIBIT P15 COPY OF THE JUDGT. DATED 23.10.19 IN
WP(C) 24734/19.
