IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WA.No. 2783 of 2007 ----------------------- AGAINST THE JUDGEMENT IN OP.32366/2002 Dated 14/03/2007 .................... APPELLANTS/PETITIONERS ------------------------------ 1. N.RAJASEKHARAN NAIR AGED 58 YEARS, S/O. NARAYANA PILLAI FORMERLY BILL COLLECTOR, S.B.T.VELLAYAMBALAM BRANCH, RESIDING AT "VYASALI;, T.C.39/349, CHAIYARA, POOJAPPURA.TRIVANDRUM. 2. V.SADASIVAN PILLAI FORMERLY RECORD KEEPER, S.B.T.VELLAYAMBALAM BRANCH, RESIDING AT RANI BHAVAN, KARAKULAM TRIVANDRUM. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS/RESPONDENT & 3RD PETITIONER ------------------------------------------------------ 1. STATE BANK OF TRAVANCORE HEAD OFFICE, POOJAPPURA, TRIVANDRUM, REP. BY ITS MANAGING DIRECTOR 2. K.BALACHANDRAN NAIR, FORMERLY CASHIER IN CHARGE, SBT, OTTASEKHARAMANGALAM, BRANCH, RESIDING AT KAVITHA, NEMOM P.O. THIRUVANANTHAPURAM-20. R1 BY ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE FOR R1 SRI.P.RAMAKRISHNAN FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. No.2783 of 2007 ------------------------------------------ Dated this the 20th day of December, 2010 JUDGMENT J.Chelameswar, C.J. The instant writ appeal is preferred by the partially successful writ petitioners in O.P.No.32366 of 2002 aggrieved by that part of the judgment dated 14th March, 2007 which went against the writ petitioners. 2. The writ petition was filed by the appellants seeking two reliefs against the erstwhile employer, i.e. the first respondent herein. The first relief sought was a declaration that the appellants are entitled to full pension under the relevant Rules. The second relief is that the appellants are also entitled to encash the accumulated privilege leave. 3. By the judgment referred to above, the first prayer of the appellants was granted and the second prayer was denied. Aggrieved by the judgment in so far as it granted the first prayer of the appellants, the first respondent herein, that is the employer of the appellants, had earlier approached this Court by way of W.A.No1735 of 2007 unsuccessfully. By the judgment dated 20th July, 2007 the said appeal of the employer was dismissed. 4. The appellants herein now seeks to prefer the present appeal aggrieved by that part of the judgment dated 14.3.2007 insofar as it went W.A.No.2783 of 2007 - 2 - against them in declining to grant the relief of encashment of the accumulated privilege leave. We are of the opinion that the appellants are not entitled to the relief because of the lapse on their part. The appellants slept over their rights for almost three full years. In the circumstances, we do not see any reason to interfere with the judgment under appeal. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns