IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 32729 of 2010(M) ----------------------------------------- PETITIONER(S): ------------------------ OMANA.P.K., "DEVAGEETHAM", INDUSTRIAL ESTATE NAGAR (P.O.), SHEMONI GARDENS, MADUKKUMMOODU, CHANGANACHERRY. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF COLLEGIATE EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. PIN-695 001. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM, PIN-686 001. 4. THE PRINCIPAL, S.N.COLLEGE, ALA, PIN-689 126, CHENGANNUR. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.32729 OF 2010 ------------------------------ Dated this the 7th day of December, 2010 JUDGMENT The petitioner while working as Selection Grade Lecturer at S.N.College, Chengannur, retired from service on 31.3.2008. The grievance of the petitioner is that though he got other terminal benefits, a sum of Rs.1,50,598/- representing the terminal earned leave surrender benefits for 119 days was not paid to the petitioner. As per Ext.P1 letter dated 4.3.2009 addressed to the Deputy Director of Collegiate Education, the Principal of S.N.College had forwarded the earned leave surrender bill for Rs.1,50,598/- in respect of the petitioner. The Deputy Director of Collegiate Education sent Ext.P2 letter dated 18.4.2009 to the Principal of the College stating that the bill submitted by the Principal was returned. In Ext.P2 it is stated that clarification has been sought from the Director of Collegiate Education and that W.P.(C).No.32729 OF 2010 2 appropriate action would be taken only after getting clarification. 2. The learned Government Pleader, on instructions, submitted that the Deputy Director of Collegiate Education, Kottayam issued letter No.F2/2454/09 dated 2.11.2010 to the Principal of the College sanctioning Rs.92,384/- to the petitioner towards the earned leave surrender benefits. The learned counsel for the petitioner submitted that sanctioning of Rs.92,384/- would not be sufficient to meet the claim made by the petitioner. The counsel pointed out that similar claims made by other persons were sanctioned. Attention is drawn to the averments in paragraph 4 of the Writ Petition. For the sake of convenience, the relevant portion of paragraph 4 of the Writ Petition is quoted below: “ On enquiries with the office of the 3rd respondent, the petitioner was told that as per G.O.(M.S) No.16/83/H.Edn. dated 9.7.85, leave earned by teachers/lecturers deputed for University Examination during W.P.(C).No.32729 OF 2010 3 vacation period should be surrendered within 6 months. But this G.O. was prior to the introduction of U.G.C.Scheme in the State of Kerala. Moreover, in the case of several others, who are similarly situated like the petitioner, leave surrender benefits were given without raising any objection. For example one B.Jayadevan, Selection Grade Lecturer in Maths, S.N.College, Varkala who retired on 31.3.2007 was permitted to surrender his leave which was available to him from 1986 to 1991 in the year 1993. Similarly, one N.Ajaya Ghosh, Selection Grade Lecturer in Department of Malayalam, S.N.College, Varkala, who retired on 31.2.2003 was paid the leave surrender benefits on 11.2.2009. This leave surrender benefits was acquired by him from 1989 to 1997. Even from S.N.College, Chengannur, one P.D.Sudevan (Selection Grade Lecturer in Hindi) and M.S.Rema (Selection Grade Lecturer in Physics), leave surrender benefits were granted by the 3rd respondent, after 2003. But in the case of the petitioner, it is submitted she has been singled out and discriminated by the 3rd respondent for the reasons best known to him alone.” In the facts and circumstances of the case, the Writ Petition is disposed of recording the submission made by the learned Government Pleader that Rs.92,384/- has been sanctioned towards the claim made by the petitioner. It is submitted by the learned Government Pleader that the claim put forward by the petitioner as such cannot be entertained since the period during which the W.P.(C).No.32729 OF 2010 4 petitioner acted as drawing and disbursing officer cannot be reckoned for the purpose of computing the benefits. If the petitioner is not satisfied with the amount granted by the Deputy Director, he would be free to approach the Government challenging the order/letter issued by the Deputy Director. If such grievance is put forward before the Government, the same shall be considered expeditiously by the Government, after affording an opportunity of being heard to the petitioner. The Deputy Director of Collegiate Education shall forward a copy of the letter dated 2.11.2010 referred to above to the petitioner within two weeks, on a request made by the petitioner. The Writ Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms