Kerala High Court
Susamma R vs State Of Kerala on 22 December, 2022
WP(C) No.42048/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
WP(C) NO. 42048 OF 2022(E)
PETITIONER:
SUSAMMA R., AGED 58 YEARS, TC 67/944 (1),ATRA D 24 (1), SOUND OF
GOD, VALIYATHOTTAM, OPPOSITE MILMA DIARY, AMABALATHARA, POONTHURA
PO, THIRUVANANTHAPURAM 695 026.
RESPONDENTS:
1. STATE OF KERALA, REP. BY CHIEF SECRETARY, NORTH SANDWICH BLOCK,
SECRETARIAT, THIRUVANANTHAPURAM 695001.
2. DEPARTMENT OF FINANCE, REP BY ITS ADDITIONAL CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM 695001.
3. FOOD AND CIVIL SUPPLIES DEPARTMENT, REP. BY SECRETARY, ROOM NO.
379A, 1ST FLOOR, MAIN BLOCK SECRETARIAT, THIRUVANANTHAPURAM 695001.
4. SUPPLYCO, REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN,
MAVELI ROAD, GANDHI NAGAR, ERNAULAM 682020.
5. CHAIRMAN & MANAGING DIRECTOR, KERALA CIVIL SUPPLIES CORPORATION,
SUPPLYCO, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM
682020.
6. BOARD OF DIRECTORS, REP. BY ITS CHAIRMAN, KERALA CIVIL SUPPLIES
CORPORATION, SUPPLYCO, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
ERNAKULAM 682020.
7. SOCIAL JUSTICE DEPARTMENT, REP. BY ITS SECRETARY, GROUND FLOOR,
SECRETARIAT, STATUE, THIRUVANANTHAPURAM 695001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 5th respondent to disburse the leave surrender of
the Petitioner immediately without any further delay, pending disposal of
the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.S.RAJEEV, V.VINAY, M.S.ANEER, SARATH K.P. & PRERITH PHILIP JOSEPH
Advocates for the petitioner the court passed the following:
WP(C) No.42048/2022 2/4
ANU SIVARAMAN, J.
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W.P.(C) No.42048 of 2022
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Dated this the 22nd day of December, 2022
ORDER
Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the respondent
Corporation as well as the learned Government Pleader.
2. It is submitted by the learned counsel for the
petitioner that disciplinary proceedings had been initiated
against the petitioner and that she retired from service on
30.4.2022. The learned counsel submits that leave surrender
amounts are liable to be released to the petitioner in the light
of Exts.P5 to P7 judgments.
Having heard the learned counsel on either side, I
am of the opinion that the question with regard to payment of
terminal leave surrender benefits to the petitioner is liable to
be considered by the respondents. In case the petitioner
approaches the 5th respondent with an appropriate
representation producing copies of Exts.P5 to P7 judgments
and seeking release of earned leave surrender amounts, the
same will be considered by the 5th respondent, in accordance
WP(C) No.42048/2022 3/4
W.P.(C) No.42048 of 2022
with law, taking note of the judgments as well, within a period
of three weeks from the date on which such representation is
filed by the petitioner.
Post on 16.1.2023.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/22.12.2022
22-12-2022 /True Copy/ Assistant Registrar
WP(C) No.42048/2022 4/4
APPENDIX OF WP(C) 42048/2022
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 10.06.2015 IN W.A
NO.723/2014.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 30.07.2019 IN W.P C
NO. 10002 OF 2019.
Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 09.03.2020 IN W.P
NO.25641 OF 2019.
22-12-2022 /True Copy/ Assistant Registrar
