Nibin K. Thankappan vs Fertilizers And Chemicals ...
2021 Latest Caselaw 7755 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                           WP(C).No.3957 OF 2021(T)


PETITIONER:

               NIBIN K. THANKAPPAN
               AGED 35 YEARS
               RESIDING AT NO.V71H, PANAYANCHERY VILLA, VAYALORAM
               VILLAS, VADAVUCODE P. O., ERNAKULAM, PIN - 682310.

               BY ADVS.
               SRI.K.BALACHANDRAN (MANGALATH)
               SRI.RAJESH NAIR
               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
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3957 OF 2021(T)

                                      2




                                 JUDGMENT

Dated this the 5th day of March 2021

This writ petition is 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

Standing Counsel appearing for the respondents.

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

the petitioner had submitted a resignation from the 1 st respondent-

Company for taking up employment in another public sector

undertaking. It is stated that the petitioner was relieved on

31.12.2016. It is stated that the petitioner has approximately 200

days of leave to his credit and that going by the pay revision orders,

he is entitled to get the benefit of surrender of the leave to his

credit. It is submitted that the issue stands covered by Exts.P8 to P12

judgments, which have been produced along with the writ petition. WP(C).No.3957 OF 2021(T)

4. A counter affidavit has been placed on record by the

respondents. It is submitted that the leave surrender is liable to be

granted subject to the specific conditions as contained in the pay

revision orders and the later orders issued which govern the subject.

It is submitted that the leave encashment except as a terminal

benefit in respect of retiring employees and deceased employees had

been frozen by order dated 11.07.2001. It is stated that if the said

benefit had not be specifically restored in the later Pay Revision

Orders and that as such, the benefit cannot be made available to the

petitioner.

5. I notice that this specific contention as has been taken in the

counter affidavit has been adverted to in Exts.P8 to P12 judgments

and this Court had found that the petitioners therein, who had

resigned from service are also entitled to the leave encashment

benefit which was provided in the later Pay Revision Orders. In the

above view of the matter, I am of the opinion that there is absolutely

no justification for declining the benefit of eligible leave encashment

to the petitioner as has been provided in Ext.P7. WP(C).No.3957 OF 2021(T)

In the above view of the matter, there will be a direction to the

respondents to calculate and disburse all benefits due to the

petitioner as leave surrender as eligible under Ext.P7. The

appropriate amount shall be calculated and released to the

petitioner within a period of one month from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.3957 OF 2021(T)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF CERTIFICATE DATED 17.09.16 ISSUED BY THE DY. MNGR.(H.R.), FACT LTD.

EXHIBIT P2 COPY OF RELIEVING ORDER DATED 05.01.17 OF THE SR. MNGR.(H.R.), FACT LTD.

EXHIBIT P3 COPY OF THE SALARY STATEMENT OF THE PTR.

FOR THE PAY PERIOD DECEMBER 2016.

EXHIBIT P4 COPY OF LETTER DATED 17.12.16 OF THE PTR. TO CHIEF GEN. MNGR.OF RESP.

COMPANY.

EXHIBIT P5 COPY OF ORDER NO.106/8/2000-HR-1 DATED 11.07.01.

EXHIBIT P6 COPY OF MANAGERIAL PAY REVISION ORDER DATED 28.08.01.

EXHIBIT P7 COPY OF MANAGERIAL PAY REVISION ORDER DATED 14.08.10.

EXHIBIT P8 COPY OF THE JUDGT. DATED 11.01.17 IN WP(C) 31700/14.

EXHIBIT P9 COPY OF THE JUDGT. DATED 27.02.18 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 08.11.18 IN WP(C) 23318/18.

EXHIBIT P12 COPY OF THE JUDGT. DATED 23.10.19 IN WP(C) 24734/19.

EXHIBIT P13 COPY OF REPRESENTATION DATED 20.12.2020 SUBMITTED BY THE PTR. BEFORE THE RESP. COMPANY.