Retired associate professors challenged the denial of their claims for terminal earned leave surrender based on a circular requiring claims within six months. The court held the six-month limit unsustainable per prior precedent and directed reconsideration.
Reconsideration of requests for surrendered terminal earned leave directed within three months
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 19862 of 2018
PETITIONER/S:
THODUPUZHA P.O.,(RETIRED AS ASSOCIATE
PROFESSOR OF CHEMISTRY, NIRMALA COLLEGE, MUVATTUPUZHA).
2 M.K.MOHANAN
MUTHUKATTU HOUSE, ADOOPARAMBU, MUVATTUPUZHA, (RETIRED AS ASSOCIATE PROFESSOR OF COMMERCE, NIRMALA COLLEGE, MUVATTUPUZHA).
3 REMANI AMMAL.A. POOJA NIVAS, KAVUMPADY, MUVATTUPUZHA,(RETIRED AS ASSOCIATE PROFESSOR OF HINDI,NIRMALA COLLEGE, MUVATTUPUZHA).
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
B UNNIKRISHNAKAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WP(C).23072/2018 & CON.CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19862 /18 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 23072 of 2018
PETITIONER/S:
K.K. BHARATHAN
AGED 59 YEARS, S/O. KUTTAPPAN, KARAPPALLY HOUSE, PARIYARAM P.O.,THRISSUR DISTRICT - 680 721(RETIRED ASSOCIATE PROFESSOR OF CHEMISTRY, MES COLLEGE, MAMPAD, MALAPPURAM.)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGH EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
B UNNIKRISHNAKAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WP(C).19862/2018 & CON.CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 24363 of 2018
PETITIONER/S:
() **1 JOSEPH SEBASTIAN, S/O. V.V. SEBASTIAN, AGED 58, NOW RESIDING AT VELLOOR HOUSE, MANNANAM P.O., KOTTAYAM. (RETIRED AS ASSOCIATE PROFESSOR OF PHYSICS, K.E. COLLEGE, MANNANAM). [() Corrected]
2 TOMY K.K. NOW RESIDING AT KATTOOPPAREL, PALA P.O., KOTTAYAM. (RETIRED AS ASSOCIATE PROFESSOR OF COMMERCE, K.E. COLLEGE,MANNANAM). BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM - 695001. 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOTTAYAM - 686001. 4 THE PRINCIPAL, K.E. COLLEGE, MANNANAM - 686561.
NISHA BOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WP(C).19862/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
(*) THE ADDRESS OF 1ST PETITIONER IN THE CAUSE TITLE IN WP.(C) 24363/18 IS CORRECTED AS “JOSEPH SEBASTIAN, S/O. V.V. SEBASTIAN, AGED 58, NOW RESIDING AT VETTOOR HOUSE, MANNANAM P.O., KOTTAYAM.(RETIRED AS ASSOCIATE PROFESSOR OF PHYSICS, K.E. COLLEGE, MANNANAM)” AS PER ORDER DATED 25.10.18 IN I.A.NO.1/18.
Sd/- Assistant Registrar
12.11.18
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 24592 of 2018
PETITIONER/S:
T.M.MATHEW
S/O. MATHEW, AGED 58 YEARS, THULAMATTATHIL THADIKADAVU P.O, KANNUR. NOW RESIDING AT THULAMATTATHIL, AMALAGIRI P.O, KOTTAYAM(RETIRED AS ASSOCIATE PROFESSOR OF HISTORY,K.E.COLLEGE, MANNANAM)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
OTHER PRESENT:
B UNNIKRISHNAKAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WP(C).19862/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19862 /18 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 28194 of 2018
PETITIONER/S:
DR. T.K. MUKUNDAN AGED 59 YEARS
THOZHUTHUNGAL, MOOTHAKUNNAM P.O., ERNAKULAM DISTRICT. (RETIRED ASSOCIATE PROFESSOR OF ZOOLOGY, S.N.M.COLLEGE, MALLIANKARA.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
ESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
B UNNIKRISHNA KAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WP(C).19862/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19862 /18 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 28284 of 2018
PETITIONER/S:
PHILIPSON.C.PHILIP AGED 56 YEARS CHELAMPATH HOUSE, KOTTAYAM-686630. (WORKING AS ASSOCIATE PROFESSOR OF PHYSICS ST.STEPHENS COLLEGE, UZHAVOOR.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 695001
ST.STEPHENS COLLEGE, UZHAVOOR, KOTTAYAM DISTRICT 686001
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
B UNNIKRISHNA KAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WP(C).19862/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 28782 of 2018
PETITIONER/S:
2 DR.S.SHIBU, ILLAM, KIDAVITHUVILA, PALACHIARA P.O, VARKALA(RETIRED AS ASSOCIATE PROFESSOR OF ZOOLOGY S.N.COLLEGE, SIVAGIRI,VARKALA.
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REP BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
B UNNIKRISHNA KAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2018, ALONG WITH 19862/18,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 29589 of 2018
PETITIONER/S:
ABRAHAM GEORGE AGED 58 YEARS S/O. LATE GEORGE, PANACHIKA KAROTE, KILIANTHARA P.O, KANNUR DISTRICT (RETIRED AS ASSOCIATE PROFESSOR OF COMMERCE FROM PAZHASSI RAJA N.S.S. COLLEGE, MATTANNUR)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001.
2 DIRECTOR OF COLLEGIATE EDUCATION THIRUVANANTHAPURAM-695001.
OTHER PRESENT:
NISHA BOSE GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2018, ALONG WITH WPC 19862/18,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 29708 of 2018
PETITIONER/S:
1 JASEENTHA LUKKA AGED 61 YEARS D/O LATE LUKKA, THEJAS OLATTUPUKATH HOUSE, NEAR P.K.M, AYURVEDIC HOSPITAL, PALAKULANGARA, THALIPARAMBA, KANNUR- 670 142 (RETIRED AS ASSOCIATE PROFESSOR OF MATHEMATICS SIR SYED COLLEGE, THALIPARAMBA-670 142)
(*) 2 [DR.LEEL P.I. RAMYA MANZIL, PALAKULANGARA STREET NO.10, THALIPARAMBA P.O., KANNUR- 670 142 (RETIRED AS ASSOCIATE PROFESSOR OF COMMERCE SIR SYED COLLEGE, THALIPARAMBA-670 142)]
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5 HASHIM E.P., WAFIYAS, ELAVOOR ROAD, THAZHE CHOVVA P.O., KANNUR -670 018,(RETIRED PROFESSOR AND HOD OF ARABIC SIR SYED COLLEGE, THALIPARAMBA)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001
B UNNIKRISHNA KAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.09.2018, ALONG WITH WP(C) 19862/2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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(*)
Sd/- ASSISTANT REGISTRAR
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940
WP(C).No. 29796 of 2018
PETITIONER/S:
1 GIRIJA KUNNUMMEL, AGED 61 YEARS W/O. JAYAPRAKASH P.V., VEENA VIHAR, KAITHAPURAM P.O., SREEKANDAPURAM, KANNUR DISTRICT, PIN-670631.
2 ALAYAMMA JOSEPH KARIMPEKALLLIL, THALIPARAMBA P.O., MANNA, KANNUR DISTRICT - 670141 (RETIRED AS ASSOCIATE PROFESSOR OF MATHEMATICS S.E.S. COLLEGE. SREEKANDAPURAM, KANNUR DISTRICT)
3 CYRIAC M.A. MARUTHUMKAL, KOTTOOR, SREEKANDAPURAM P.O., KANNUR DISTRICT. (RETIRED AS ASSOCIATE PROFESSOR OF COMMERCE, S.E.S. COLLEGE, SREEKANDAPURAM, KANNUR DISTRICT)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
WP(C).No. 19862 /18 & con.cases
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RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., HIGHER EDUCATION DEPT., SECRETARIAT, THIRUVANANTHAPURAM-695 001
B UNNIKRISHNA KAIMAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, ALONG WITH WPC 19862/18, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners in these writ petitions are
retired as Associate Professors. They claimed for terminal earned leave surrender, which have been turn down, citing a circular issued by the Director of Collegiate Education. It is stipulated in the circular that such claim will have to be made within six months from the benefit accrued to them. This court, in fact, considered the similar issue in W.P.(C) No.35641 of 2016 and such outer limit of six months is legally unsustainable.
2. Therefore, without insisting the limit for considering the request, the request of the petitioners shall be re-considered within a period of three months, after adverting the judgment of this Court in W.P.(C) No.35641 of 2016. If such claim is upheld, the same shall be
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disbursed within further period of three months.
Writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Scl18/9
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APPENDIX
WPC 19862/2018
PETITIONER'S EXHIBITS:
EXHIBIT-P1: TRUE COPY OF THE LETTER DATED 14.5.2012 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE LETTER DATED 29.4.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P3: TRUE COPY OF THE GOVERNMENT ORDER NO.178/2017/H.EDN DATED 4.7.2017. EXHIBIT-P4: TRUE COPY OF THE LETTER DATED 3.3.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P5: TRUE COPY OF THE LETTER DATED 3.3.2018 ISSUED BY THE 3RD RESPONDENT TO THE PRINCIPAL NIRMALA COLLEGE, MUVATTUPUZHA.
EXHIBIT-P6: TRUE COPY OF THE LETTER DATED 3.3.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT-P7: TRUE COPY OF THE CIRCULAR ISSUED BY 2ND RESPONDENT DATED 17.8.2010.
EXHIBIT-P8: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.35641 OF 2016 DATED 9.1.2018. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO. 35641/16 DATED 9.1.2018.
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APPENDIX
| WPC 23072/2018 | |
|---|---|
| PETITIONER'S EXHIBITS: | |
| EXHIBIT P1 | TRUE COPY OF THE LETTER DATED 29.4.2016 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P2 | TRUE COPY OF ORDER NO. 178/2017/H.EDN DATED 4.7.2017. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE LETTER DATED 14.3.2018 ISSUED BY 3RD RESPONDENT. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 22.7.2016 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE CIRCULAR OF THE DIRECTOR OF COLLEGIATE EDUCATION DATED 17.8.2010. |
| EXHIBIT P7 | TRUE COPY OF THE JUDGMENT IN WPC NO. 35641/16 DATED 9.1.2018. |
WP(C).No. 19862 /18 & con.cases
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APPENDIX
WPC 24363/2018 PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE LETTER DATED 29.4.2016 OF 1ST RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF ORDER NO.178/2017/H.EDN DATED 4.7.2017. |
| EXHIBIT P3 | TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK OF THE 1ST PETITIONER. |
| EXHIBIT P4 | TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK OF THE 2ND PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF THE OBJECTION ISSUED BY THE 3RD RESPONDENT 27.7.2017. |
| EXHIBIT P6 | TRUE COPY OF THE OBJECTION ISSUED BY THE 3RD RESPONDENT 27.7.2017. |
| EXHIBIT P7 | TRUE COPY OF THE CIRCULAR BY THE 2ND RESPONDENT DATED 17.8.2010. |
| EXHIBIT P8 | TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.35641/16 DATED 9.1.2018. |
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APPENDIX
WPC 24592/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE LETTER DATED 29.4.2016 OF 1ST RESPONDENT.
EXHIBIT P2: TRUE COPY OF ORDER NO.178/2017/H.EDN DATED 4.7.2017. EXHIBIT P3: TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER EXHIBIT P4: TRUE COPY OF THE OBJECTION ISSUED BY THE 3RD RESPONDENT 27.7.2017.
EXHIBIT P5: TRUE COPY OF THE CIRCULAR BY THE 2ND RESPONDENT DATED 17.8.2010 EXHIBIT P6: TRUE COPY OF THE JUDGMENT IN W.P.9C) NO.35641/16 DATED 9.1.2018
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APPENDIX
WPC 28194/2018
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE LETTER DATED 29/4/2016 OF 1ST RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF ORDER NO.178/2017/H.EDN. DATED 4/7/2017. |
| EXHIBIT P3 | TRUE COPY OF THE LETTER SUBMITTED BY 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 8/6/2016. |
| EXHIBIT P4 | TRUE COPY OF THE OBJECTION ISSUED BY THE 3RD RESPONDENT 18/6/2018. |
| EXHIBIT P5 | TRUE COPY OF THE CIRCULAR BY THE 2ND RESPONDENT DATED 17/8/2010. |
| EXHIBIT P6 | TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.35641/16 DATED 9/1/2018. |
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APPENDIX
WPC 28284/2018 PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE LETTER DATED 29.4.2016 OF IST RESPONDENT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF ORDER NO.178/2017/H.EDN. DATED 4.7.2017. |
| EXHIBIT P3 | TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK. |
| EXHIBIT P4 | TRUE COPY OF THE OBJECTION ISSUED BY THE 3RD RESPONDENT DATED 10.8.2018. |
| EXHIBIT P5 | TRUE COPY OF THE CIRCULAR BY THE 2ND RESPONDENT DATED 17.8.2010. |
| EXHIBIT P6 | TRUE COPY OF THE JUDGMENT IN WPC NO.35641/16 DATED 9.1.2018. |
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APPENDIX
WPC 28782/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 29.4.2016 ISSUED BY 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.178/2017/H/EDN DATED 4.7.2017
EXHIBIT P3 TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK OF THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK OF THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.D3/32050/2015 OF THE 2ND RESPONDENT DATED 22.7.2016
EXHIBIT P6 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 22.6.2018
EXHIBIT P7 TRUE COPY OF THE CIRCULAR OF THE 2ND RESPONDENT DATED 17.8.2010
EXHIBIT P8 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT NO.B5/8847/2017 DATED 21.11.2017.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC.NO,35641/2016 DATED 9.1.2018
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APPENDIX
WPC 29589/2018
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE FIRST RESPONDENT |
LETTER ISSUED BY THE TO SECOND RESPONDENT. |
|---|---|---|
| EXHIBIT | P2 TRUE COPY OF THE DATED 4.7.2017. |
ORDER NO.178/2017/H.EDN |
| EXHIBIT | P3 TRUE COPY OF THE DETAILS OF TERMIN SALARY FOR 129 DA PETITIONER. |
STATEMENT SHOWING THE AL EARN LEAVE SURRENDER YS IN RESPECT OF THE |
| EXHIBIT | P4 TRUE COPY OF THE 3RD RESPONDENT RE |
OBJECTION ISSUED BY THE TURNING THE BILL. |
| EXHIBIT | P5 TRUE COPY OF THE 1/34858/2010 DCE |
CIRCULAR NO.D- DATED 17.8.2010 |
| EXHIBIT | P6 TRUE COPY OF THE (C)NO.35641/16. |
JUDGMENT IN W.P. |
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APPENDIX
WPC 29708/2018
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF THE OF 1ST RESPONDENT |
LETTER DATED 29.4.2016 |
|---|---|---|
| EXHIBIT | P2 TRUE COPY OF THE DATED 4.7.2017 |
ORDER NO.178/2017/H.EDN |
| EXHIBIT | P3 TRUE COPY OF THE OF 3RD RESPONDENT |
LETTER DATED 31.8.2016 |
| EXHIBIT | P4 TRUE COPY OF THE OF 3RD RESPONDENT |
LETTER DATED 31.8.2016 |
| EXHIBIT | P5 TRUE COPY OF THE OF 3RD RESPONDENT |
LETTER DATED 31.8.2016 |
| EXHIBIT | P6 TRUE COPY OF THE 4.1.2018 SUBMITTE |
APPLICATION DATED D BY THE 1ST PETITIONER |
| EXHIBIT | P7 TRUE COPY OF THE 4.1.2018 SUBMITTE |
APPLICATION DATED D BY THE 2ND PETITIONER |
| EXHIBIT | P8 TRUE COPY OF THE 4.1.2018 SUBMITTE |
APPLICATION DATED D BY THE 3RD PETITIONER |
| EXHIBIT | P9 TRUE COPY OF THE 4.1.2018 SUBMITTE |
APPLICATION DATED D BY THE 4TH PETITIONER |
| EXHIBIT | P10 TRUE COPY OF THE 4.1.2018 SUBMITTE |
APPLICATION DATED D BY THE 5TH PETITIONER |
| EXHIBIT | P11 TRUE COPY OF THE 1/34858/2010 DCE |
CIRCULAR NO.D- DATED 17.8.2010 |
| EXHIBIT | P12 TRUE COPY OF THE |
JUDGMENT IN WP(C) |
| 35641/16 DATED 19 | .1.2018 |
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APPENDIX
WPC 29796/2018
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 29/04/2016 OF 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.178/2017/H.EDN. DATED 04/07/2017. EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 08/09/2016. EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONERS. EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.D1/34858/2010 DCE DATED 17/08/2010. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) 35641/16 DATED 09/01/2018.
3 issues framed by the court
Whether the claim of surrendered terminal earned leave should be reconsidered despite a circular stating a six-month limit for claims.
Whether the six-month limitation specified in the government circular is legally sustainable.
What procedural mechanism should be adopted for reconsideration of the petitioners' surrendered leave claims.
Majo V. KuriaJose et al
State of Kerala
A.MUHAAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
