Dr.Rajan David vs The State Of Kerala
2024 Latest Caselaw 27878 Ker

Kerala High Court

Dr.Rajan David vs The State Of Kerala on 13 September, 2024

                                               2024:KER:70106

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

 FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                   WP(C) NO. 5293 OF 2024

PETITIONER/S:

         DR.RAJAN DAVID
         AGED 62 YEARS
         S/O.LATE K.J.DAVID, RAJ NIVAS, KALANJOOR.P.O,
         KONNI TALUK, PATHANAMTHITTA DISTRICT (RETIRED
         ASSOCIATE PROFESSOR, DEPARTMENT OF HINDI,
         CHRISTIAN COLLEGE, CHENGANNUR, ALAPPUZHA
         DISTRICT), PIN - 689122


         BY ADVS.
         N.ASHOK KUMAR
         ARJUN S.KURUPP


RESPONDENT/S:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY, HIGHER EDUCATION
         DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
         695001

    2    THE DIRECTOR
         COLLEGIATE EDUCATION, VIKAS BHAVAN.P.O,
         THIRUVANANTHAPURAM, PIN - 695003

    3    THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
         KOTTAYAM, PIN - 686001

    4    THE PRINCIPAL
         CHRISTIAN COLLEGE., CHENGANNUR, ALAPPUZHA
         DISTRICT, PIN - 689122
 W.P.C No. 5293 of 2024



                              2
                                                 2024:KER:70106

     5     THE MANAGER
           CHRISTIAN COLLEGE, CHENGANNUR, ALAPPUZHA
           DISTRICT, PIN - 689122


           BY ADVS.
           JOSEPH GEORGE
           BIJO THOMAS GEORGE(B-432)
           P.A.REJIMON(K/700/2017)
           SAJEEV JOHN T.(K/000631/2022)
           VIVEKJOS PUTHUKULANGARA(K/834/2024)



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.C No. 5293 of 2024



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                                                        2024:KER:70106

                              JUDGMENT

The petitioner, while working as Associate Professor in the

Department of Hindi in Christian College, Chengannur, retired

from service on 30.04.2017. At the time of his retirement he

had an earned leave of 134 days in his credit. However, while

preparing the service book, only 123 days were included therein

and the 4th respondent forwarded the bills only for Rs.6,11,150/-

which was for 123 days. According to the petitioner, he was

entitled to get leave surrender benefits pertaining to 11 days

more, and the value of the same comes to Rs.54,646/- and the

petitioner seeks the said benefit in this writ petition.

2. A Counter affidavit has been placed on record by the

5th respondent, wherein it was mentioned that, subsequent to

the filing of this writ petition, on the basis of the records

received, the college has incorporated 11 days more as earned

leave in the service book of the petitioner. On the basis of the

same, an additional bill was prepared and sent the same to the

Deputy Director of Collegiate Education, Kottayam on

2024:KER:70106

22.03.2023. The service book of the petitioner was also

forwarded to the Deputy Director for further perusal.

Since the additional bills have already been submitted by

the 4th and 5th respondents, the same is to be considered by the

3rd respondent. In such circumstances, this writ petition is

disposed of directing the 3rd respondent to take a decision on

the additional bills submitted by the 4th respondent, in respect of

leave surrender benefits for 11 days of the petitioner and take a

decision thereon within a period of one month from the date of

receipt of copy of the this judgment. If the decision is in favour

of the petitioner, the monetary benefits flowing from the same

shall be disbursed within a period one month thereafter.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:70106

APPENDIX OF WP(C) 5293/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DATED 10.6.2022 PASSED BY THE 5TH RESPONDENT MANAGER

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 18.11.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.