The Division Bench, while hearing writ appeals challenging a Single Bench judgment that allowed recovery of leave benefits, granted the appellants liberty to withdraw the appeals due to concerns regarding contempt of court after an extended period.
Permission to withdraw writ appeals was granted.
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 AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 16TH DAY OF NOVEMBER 2023/25TH KARTHIKA, 1945
WA NO. 612 OF 2023
AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO.14478/2019 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS.1 TO 4 IN WP(C):-
1 KERALA STATE ELECTRICITY BOARD LIMITED, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.
2 DEPUTY CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. 3 ACCOUNTS OFFICER (PENSION AUTHORISATION), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.
4 THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KERALA STATE ELECTRICITY BOARD LIMITED, CHENGANNUR, PIN – 689 121.
BY ADV ANTONY MUKKATH
RESPONDENT/PETITIONER IN THE W.P.(C):-
M.J. RAJAM,
AGED 71 YEARS, ASSISTANT ACCOUNTS OFFICER (RTD), RESIDING AT VILANILATH BINVILLA, THITTAMEL, CHENGANNUR P.O., PIN – 689 121.
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
2
BY ADVS. HARISH GOPINATH AMRITHA SOMASUNDARAN(K/001154/2022)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.616/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WA NO. 614 OF 2023
AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO.26896/2019 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS.1 TO 5 IN WP(C):-
BY ADV ANTONY MUKKATH
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
4
RESPONDENT/PETITIONER IN THE WP(C):
R. SUSEELA DEVI, AGED 74 YEARS, RETIRED DEPUTY CHIEF ENGINEER/ DIRECTOR OF MANAGEMENT INFORMATION SYSTEM (MIS), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM- 695 004. RESIDING AT KEERTHANAM, T.C. 3/2476/MGRA- 105, TKD ROAD, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004. BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA(S-176) V.VARGHESE(K/514/1996) PETER JOSE CHRISTO(K/1216/2004) S.A.ANAND(K/1216/2006) K.N.REMYA(K/712/2010) L.ANNAPOORNA(K/952/2013) VISHNU V.K.(K/001396/2018) ABHIRAMI K. UDAY(K/001426/2018)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.616/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
1945
WA NO. 616 OF 2023
AGAINST THE JUDGMENT DATED 19/08/2022 IN WP(C)NO. 17190/2021 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENT NOS.1 TO 3 IN WP(C):-
2 CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LIMITED, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN – 695 004.
BY ADV ANTONY MUKKATH
RESPONDENT/PETITIONER IN THE WP(C):
G. LALITHAMMA, AGED 76 YEARS, W/O V. JAYACHANDRAN, SENIOR SUPERINTENDENT
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
6
(RETIRED), KERALA STATE ELECTRICITY BOARD, RESIDING AT 'PAURNAMI', MRA 37, PONGUMOODU, MEDICAL COLLEGE. P.O., THRIRUVANANTHAPURAM, PIN – 695 011.
BY ADV THIRUMALA P.K.MANI
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.11.2023, ALONG WITH WA.612/2023, 614/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
7
AMIT RAWAL & C.S.SUDHA, JJ.
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
Dated this the 16th day of November, 2023
J U D G M E N T
Amit Rawal, J.
Prima facie we are of the view that the judgment dated 19/08/2022 of the Single Bench is based upon a previous judgment dated 14.03.2003 in O.P.No.2774 of 2003, whereby the period of leave availed has been ordered to be counted. After 16 years of the service, KSEB sought the recovery in connection with the leave availed. The learned Single Bench Judge by relying upon the judgment of the Hon'ble Supreme Court in
State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334
dated 19.08.2022 allowed the writ petitions. The matter did not stop there
and jurisdiction of the Division Bench by way of intra-court appeal has been invoked.
2. While hearing the argum ent, we confronted the counsel for the appellant that the Single Bench of this Court had already noticed the fact
W.A. Nos.612 of 2023, 614 of 2023 & 616 of 2023
8
that the leave period ought to have been counted and the benefit granted to the employees could not have been withdrawn after a gap of 16 years and non-compliance of the same would ta ntamount to contempt of Court under Article 215 of the Constitution of India. Faced with the situation, the learned counsel for the appellant seeks liberty of this court for withdrawal of writ appeals. Permission is granted. Ordered accordingly.
Sd/-
JUDGE
Sd/- C.S.SUDHA JUDGE
ak
2 issues framed by the court
Whether writ appeals seeking recovery of leave benefits after a long gap should be withdrawn in light of contempt concerns.
Whether the judgment on which writ appeals rely is based on a precedent ordering leave period to be counted.
Colour shows how this judgement treated each authority
State of Punjab v. Rafiq Masih (White Washer)Referred¶74
State of Punjab v. Rafiq Masih (White Washer), (2015) 4 SCC 334 · Who else cites this
Kerala State Electricity Board Limited
M.J. Rajam
R. Suseela Devi
G. Lalithamma
Amit Rawal
C.S. Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
