IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WA.No. 1741 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.19200/2008 Dated 30/06/2008 .................... APPELLANT: ------------------- 1. BHARATHAN, S/O.JANAKI AMMA PAROOR HOUSE, MUTHUVARA PO.PUZHAKKEL, THRISSUR. 2. SUKUMARAN.T.V., S/O.VELAPPAN, THRIPPAKKEL HOUSE, S.N.NAGAR NADATHARA, THRISSUR. 3. DEVASSY.T.K., S/O.KUNJAMARA, THEKKINIYATH HOUSE, POOKODE PO.VARAKKARA, THRISSUR. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY FINANCE DEPARETMENT, THIRUVANANTHAPURAM. 2. THE ASST.EXECUTIVE ENGINEER, PWD (BUILDINGS SUB DIVISION), CHEMBUKKAVU, THRISSUR. BY SR. GOVT. PLEADER SHRI. BEENY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ W.A.NO: 1741 OF 2008 ----------------------------------------------------------- Dated this the 21st August, 2008. JUDGMENT Koshy, J. Petitioners retired from service of the Public Works Department. Dates of their retirement are not mentioned in the writ petition. But admittedly, they retired much prior to 27.2.2007. The writ petition is filed in relation to the surrender of their earned leave. By Ext.P11 order, Government had clarified that the benefit of recasting of earned leave for the first year of service at the rate of 1/11 will be restricted to those persons who retired subsequent to 27.2.2007 subject to persons who have already received such benefits. The earned leave referred to in Rule 78 Part I K.S.R is 1/11 of the period spent on duty, subject to maximum of 300 days are applicable to a permanent officer as mentioned under Rule 77(viii). By Ext.P2 circular dated 16.6.2007 it was made clear that those who were not in permanent service also will get the above benefit after they have completed three years of service in view of Govt. Order (P) No: 75/2007/Fin dated 27.2.2007. Petitioners were eligible only at the rate of 1/22 for the first year of the service when they are under probation and the Government issued a clarification stating that the amendment made by G.O dated 27.2.2007 and clarification issued will be applicable only to those persons who retired after 27.2.2007. When that was questioned, the learned Judge found as follows:- “I am of the view that the clarification issued by the W.A.NO: 1741/08 2 Government as evidenced by Ext.P11 is to be upheld. What is intended by the Government is that the benefit of recasting the earned leave for the first year of service at the rate of 1/11 should be made available to such persons, who retire from service subsequent to 27.2.2007.” 2. We fully agree with the views of the learned Judge who found that the claim was belated. At paragraph 9 it held as follows:- “In my view, even if it is accepted that the petitioners were entitled to calculate their earned leave at 1/11 for the first year of service, it would not be justified for them to seek a direction to respondents to permit them to recast the earned leave attributable to the service rendered by them during 1978-79 for the purpose of encashment of the same, after a period of 30 years that too after retirement. This issue cannot be permitted to be agitated at this distance of time. “ We fully agree with the views of the learned Single Judge. Appeal is dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: