Dismissed

E.Velayudhan v. the Director of Collegiate Education

Kerala HC2 Mar 2017WP(C)/2149/2010

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition where the petitioner sought higher grade promotion and leave encashment. Relying on a counter affidavit stating the petitioner was not entitled to these benefits based on his service completion dates, the Court refused the reliefs.

What did the court decide?

The writ petition was dismissed, and the reliefs prayed for were declined.

E.Velayudhan Vs the Director of Collegiate… — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938

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WP(C).No. 2149 of 2010 (P)

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PETITIONER :

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E.VELAYUDHAN, S/O.K.SANKARAN NAIR, AGED 55 YEARS, ERAVAKKULANGARA HOUSE, KANJIRAKKODE POST, WADAKKANCHERY, THRISSUR DISTRICT.

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BY ADVS.SRI.RAJIT SRI.LOWEL CHERIAN SMT.K.R.REMYA (KARUKAYIL)

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RESPONDENT(S):

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1. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM.

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2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR.

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3. THE SECRETARY, N.S.S.COLLEGE CENTRAL COMMITTEE, PERUNNA.P.O,

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CHANGANACHERY, KOTTAYAM DISTRICT.

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4. THE PRINCIPAL, SREE VYASA NSS COLLEGE, P.O.VYASAGIRI,

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WADAKKANCHERY, TRICHUR DISTRICT.

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R1 & R2 BY GOVERNMENT PLEADER SMT. MABLE C. KURIAN R3 BY SRI.P.G.PARAMESWARA PANICKER,SENIOR ADVOCATE ADV. SRI.P.GOPAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.2149/2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN OP.NO.1004/1990 AND OP.916/1990 DATED 23/1/1998.

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P2 COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT EVIDENCING THE PROMOTION OF THE PETITIONER AS L.D. CLERK.

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P3 COPY OF THE REPRESENTATION DATED 8/2/2000 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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P4 COPY OF THE ORDER NO.ESTT.A3-4757/06/K.DIS DATED 10/11/2006 ISSUED BY THE 2ND RESPONDENT

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P5 COPY F THE REPRESENTATION DATED 20/8/2009 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

DEVAN RAMACHANDRAN, J.

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============================== W.P.(C)No.2149 of 2010

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============================== Dated this, the 02^nd day of March, 2017.

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J U D G M E N T

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Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the 4^th respondent and the learned Government Pleader.

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The petitioner has preferred this writ petition seeking that he be granted higher grade promotion with effect from a particular date and that he be granted leave and other privileges that is claimed to be legally due to him. I see that a counter affidavit has been filed on behalf of the Government, wherein, they have equivocally stated that the petitioner is not entitled to the benefits that has been asked for by. The relevant portion of the counter affidavit is as under:

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“5. With regard to the statement and averments in Para 5 of the Writ Petition it is submitted that, the petitioner is entitled to get next higher grade promotion on completion of 23 years service in the clerical cadre. As the petitioner was promoted as clerk with effect from 01/7/88, he will

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W.P.(C)No.2149 of 2010 : 2 :

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get next higher grade promotion only on 01/7/11 i.e., completion of 23 years in the clerical cadre. As the petitioner joined in the service on 01/06/81, he got promotion as LDC only with effect from 01/07/88 and till then only the service for grade promotion will be counted. He retired from service as LDC on 31/01/09 and therefore he will not have the right to get next higher grade promotion.

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6. With regard to grounds 1 & 2 it is submitted that, the petitioner was appointed as Last Grade Servant and joined in the service on 01/6/81 as peon. As per common judgment dated 23/01/98 in the OP No.1004/90 and OP No.916/1990, the 3^rd respondent promoted the petitioner with retrospective effect as LDC with effect from 1/07/88. The petitioner was paid all the monetary benefits after effecting promotion including the arrear pay. The petitioner on completion of 16 years was granted 2^nd higher grade in the scale of Rs.8390-13270 as per the order No.A3-4757/06 dated 10/11/06 from the 2^nd respondent's office. The petitioner is entitled to get next higher grade promotion only on completion of 23 years service in the clerical cadre. As the petitioner was promoted as clerk with effect from 01/07/88, he will get next higher grade promotion only on 01/7/11, i.e, on completion of 23 years in the clerical cadre.”

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The only issue that could be now left is as to

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W.P.(C)No.2149 of 2010 : 3 :

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whether the petitioner would be entitled to encashment of leave which has been answered to the negative by the 4^th respondent in paragraph 7 of their counter affidavit which is as under:

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“ 7. With regard to the claim of the petitioner for leave encashment, it is submitted that the petitioner was given leave surrender benefits due to him from 1-9-1997, the date on which the petitioner was promoted as Lower Division Clerk by the management. Prior to 1-91997, the petitioner was working as a vacation staff and had availed all the benefits due to the vacation staff. The petitioner is not entitled to get leave encashment benefit for the period from 1-71988 to 31-8-1997 since he was actually working as Attender and had availed all the benefits due to the vacation staff. In other words, he is not entitled to receive the benefits of vacation staff and leave encashment benefits eligible for the non vacation staffs working in the College for the same period.”

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In such circumstances, since the petitioner is

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clearly not entitled to any of the benefits that has been sought for by him, I am unable to grant any of the reliefs prayed for by him in this writ petition.

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W.P.(C)No.2149 of 2010 : 4 :

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In such circumstances, I dismiss this writ petition declining the reliefs prayed for. In the facts and circumstances of this case, I make no order as to costs and the parties are directed to suffer their respective costs.

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Sd/-

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DEVAN RAMACHANDRAN, JUDGE.

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Bb/13/03/2017

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[True copy]

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P.A to Judge

E.Velayudhan v. the Director of Collegiate Education

Case brief

What is this about?

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E.Velayudhan v. the Director of Collegiate Education

Case brief

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