Ushakumari K vs State Of Kerala
2023 Latest Caselaw 8544 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                       WP(C) NO. 10032 OF 2023
PETITIONER:

               USHAKUMARI K.
               AGED 44 YEARS
               MANCHERY VEEDU, CHEDICHERY, ALUMMUKKU,
               PERUVALATHUPARAMBA P.O., KANNUR, PIN - 670593
               BY ADVS.
               P.MOHANDAS (ERNAKULAM)
               K.SUDHINKUMAR
               SABU PULLAN
               GOKUL D. SUDHAKARAN
               R.BHASKARA KRISHNAN
               K.P.SATHEESAN (SR.)


RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY THE SECRETARY, FINANCE
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001
    2          KERALA FINANCIAL CORPORATION LTD.
               REPRESENTED BY ITS CHAIRMAN AND MANAGING
               DIRECTOR, VELLAYAMBALAM P.O.,
               THIRUVANANTHAPURAM, PIN - 695033
    3          THE CHAIRMAN AND MANAGING DIRECTOR
               KERALA FINANCIAL CORPORATION LTD.,
               VELLAYAMBALAM P.O., THIRUVANANTHAPURAM, PIN -
               695033
               BY ADVS.
               ADV. VENUGOPAL M.R.
               DHANYA P.ASHOKAN(K/001671/2000)
               S. MUHAMMAD ALIKHAN(K/000644/2020)

        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP    FOR
ADMISSION       ON   07.08.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 10032 OF 2023
                               2




                          JUDGMENT

The petitioner seeks that respondents 2 and 3 be

directed to disburse his eligible Earned Leave Surrender

benefits, which he says is an amount of Rs.1,08,021/-, with

respect to 833 days of service, which he had discharged with

them, within a time frame to be fixed by this Court .

2. The afore request of the petitioner, as made by his

learned counsel - Sri.R.Bhaskara Krishnan, learned Standing

Counsel for respondents 2 and 3 - Smt.Dhanya Asokan,

relying upon the counter affidavit filed by her clients to

contend that petitioner cannot get the benefit of Ext.P5

Circular, which makes it available only to persons who were

appointed on contract or provisional basis through the

Employment Exchange. She submitted that petitioner was

neither appointed on contract basis or provisional basis

through the Employment Exchange, but consequent to the

directions issued by this Court in the judgment in WP(C)

No.16667/2018. She argued that, therefore, this Writ Petition

is not maintainable.

3. Even when I hear Smt.Dhanya Asokan on the afore

lines, the fact remains that it is expressly conceded by

respondents 2 and 3 in their counter affidavit, particularly in WP(C) NO. 10032 OF 2023

paragraph 9 thereof, that petitioner was appointed on

provisional basis, albeit not from the Employment Exchange

but as directed by this Court in the judgment in WP(C)

No.16667/2018. One fails to fathom how a classification

would be then made among the persons who were admittedly

appointed on provisional basis, solely based on whether they

were sponsored by the Employment Exchange, or as per the

orders of this Court. Prima facie, there is no ineligible

differentia to this; and, in any event, such a stand would go

contrary to the spirit of the judgment of this Court because,

the petitioner is expressly conceded to have been appointed

on a provisional basis, as per the averments of respondents 2

and 3 in their counter pleadings.

In the afore circumstances, I am left without any doubt

that the petitioner's plea will have to be considered by

competent among respondents 2 and 3 on its merits, dehors

the fact that he was appointed under the orders of this Court

in WP(C) No.16667/2018.

Resultantly, I order this Writ Petition and direct the

competent among respondents 2 and 3 to consider the claim

of the petitioner, after affording her an opportunity of being

heard; thus culminating in an appropriate order and WP(C) NO. 10032 OF 2023

necessary action thereon, as expeditiously as is possible, but

not later than two months from the date of receipt of a copy

of this judgment.

I make it clear that, if, through the afore exercise, any

amount is found due to the petitioner, then same shall be

disbursed to her within a period of two months thereafter.

Finally, even though the petitioner has claimed interest

on the amount due to him, I do not think that this Court will

be justified and acceding to it at this stage; and therefore,

leave it to be decided during the afore exercise.

Sd/-DEVAN RAMACHANDRAN, JUDGE

lsn WP(C) NO. 10032 OF 2023

APPENDIX OF WP(C) 10032/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER DATED 18-07-

2018 IN W.P.(C)NO. 16667/2018 Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER NO.

HRD/LO/749/2017-18 DATED 20-07-2018 ISSUED BY THE 3RD RESPONDENT Exhibit-P3 TRUE COPY OF THE ORDER NO.

KFC/HRD/707/2020-21 DATED 23-11-2020 ISSUED BY THE 3RD RESPONDENT Exhibit-P4 TRUE COPY OF THE ORDER IN H.R.M.P. NO.

6426/11/2/2022/KNR AND H.R.M.P. NO. 8261/11/2/2022/KNR DATED 30-11-2022 ISSUED BY THE HUMAN RIGHTS COMMISSION Exhibit-P5 TRUE COPY OF THE RELEVANT PAGES OF THE STAFF REGULATION DEALING WITH EARNED LEAVE SURRENDER AS ITEM NO. 79 IN CHAPTER VI OF THE KERALA FINANCIAL CORPORATION STAFF REGULATION 1966 Exhibit-P6 TRUE COPY OF THE CIRCULAR NO.

68/2017/FIN. DATED 23-08-2017 ISSUED BY THE 1ST RESPONDENT Exhibit-P7 TRUE COPY OF THE CIRCULAR NO.

41/2021/FIN. DATED 3-5-2021 ISSUED BY THE 1ST RESPONDENT Exhibit-P8 TRUE COPY OF THE ORDER G.O. (P)NO.

20/2023/FIN. DATED 25-02-2023 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS Exhibit R2(a) True copy of the GO (Ms) No. 84/2020/Fin dated 10/08/2020 Exhibit R2(b) True copy of the Judgment dated 13/11/2020 in WPC 16667/2018 filed by the petitioner Exhibit R2(c) True copy of the Judgment dated 17/12/2020 in WA 1665/2020 TRUE COPY

P.A TO JUDGE LSN