The Single Judge held that since the appeal against the earlier judgment granting leave encashment to resigned employees was dismissed, the respondents were directed to disburse the petitioner’s claim within one month.
-direction to respondents to disburse encashment of petitioner's privileged leave within one month.
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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940
WP(C).No. 35970 of 2018
PETITIONER/S:
PAULACHAN IYPE AGED 51 YEARS S/O K.P.IYPE(LATE),KAIPARAMBIL HOUSE,AZAD ROAD, ALUVA 683101
BY ADV. SRI.SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
1 THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED REGISTERED OFFICE, ELOOR,UDYOGAMANDAL,KOCHI,683 501, REPRESENTED BY ITS MANAGING DIRECTOR. 2 THE MANAGING DIRECTOR THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, REGISTERED OFFICE, ELOOR, UDYOGAMANDAL, KOCHI-683 501. 3 THE CHIEF GENERAL MANAGER (HR) THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED, REGISTERED OFFICE, ELOOR, UDYOGAMANDAL, KOCHI-683501. BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35970 of 2018
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JUDGMENT
Petitioner, who resigned from the 1st
respondent on 10.10.2014 while working as Process Engineer Grade-I, is aggrieved by the denial of leave encashment benefits.
2. The issue relating to the leave encashment in respect of the persons, who resigned from the 1st respondent subsequent to 2010, is covered by Ext.P5 judgment, which after considering the provisions in Ext.P4 pay revision order found that there is nothing which excludes persons, who resigned from service, and claiming the benefit provided under pay revision order in respect of the leave encashment. Ext.P5 judgment is already affirmed by the Division Bench and thereafter the SLP is also dismissed by the Supreme Court.
3. Petitioner had submitted Ext.P6
representation requesting for encashment of the privilege leave in his credit, in accordance with
rules. Even though his representation was
submitted as early as on 18.04.2017, the
WP(C).No. 35970 of 2018
3
respondents rejected the same as per Ext.P7 letter stating that they have already taken up the matter in appeal against the judgment, Ext.P5.
4. As the writ appeal as well as SLP filed by the 1st respondent has already been dismissed, there cannot be any further impediment for the respondents to grant the benefit of leave encashment requested in Ext.P6 representation.
Accordingly, there shall be a direction to the respondents to see that the benefits claimed
by the petitioner in respect of encashment of his privileged leave are disbursed within a period of one month from the date of receipt of a copy of this judgment. Even though the petitioner claimed for HRA, the learned counsel for the petitioner submits that it is not pressed for the time being.
This writ petition is disposed of,
accordingly.
Sd/-
P.V.ASHA JUDGE
ww
WP(C).No. 35970 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EMPLOYEES SERVICE CERTIFICATE DATED 28.10.2014 ISSUED BY THE ASSISTANT MANAGER (HUMAN RESOURCE) OF THE IST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PROMOTION ORDER ISSUED BY THE DEPUTY MANAGER (HR) OF THE IST RESPONDENT. EXHIBIT P3 TRUE COPY OF PAY SLIP OF OCTOBER 2014 ISSUED TO THE PETITIONER BY THE COMPANY. EXHIBIT P4 TRUE COPY OF THE PAY REVISION (MANAGERIAL PERSONNEL) ORDER DATED 14.8.2010. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.33684 OF 2015. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 18.4.2017. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION FROM THE IST RESPONDENT TO THE PETITIONER DATED 5.5.2017.
2 issues framed by the court
Whether the petitioner is entitled to encashment of privilege leave after resignation.
Whether the ambiguity in the pay revision order excludes employees who resigned.
Colour shows how this judgement treated each authority
Ext.P5 judgmentRelied on¶2
PAULACHAN IYPE
THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED
THE MANAGING DIRECTOR THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED
THE CHIEF GENERAL MANAGER (HR) THE FERTILISERS AND CHEMICALS TRAVANCORE LIMITED
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
