IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 17699 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------ S.SUDEEP KUMAR,"SUSHA",1/4133,EAST HILL, CALICUT-673 005 (FORMERLY WORKING AS DIVISIONAL MANAGER,THRISSUR DIVISIONAL OFFICE OF THE NATIONAL INSURANCE COMPANY LTD.). BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.ANIL D. NAIR. RESPONDENT(S): --------------------------- 1. NATIONAL INSURANCE COMPANY LTD,HEAD OFFICE:3,MIDDLETON STREET,KOLKATA 700 071,REP.BY ITS CHAIRMAN. 2. THE CHIEF REGIONAL MANAGER,NATIONAL INSURANCE COMPANY LTD,KOCHI REGIONAL OFFICE, IST & 2ND FLOOR,OMANA BUILDINGS,JEWS STREET, PADMA JUNCTION,COCHIN-35. 3. THE GENERAL MANAGER(PERSONNEL), NATIONAL INSURANCE COMPANY LTD.HEAD OFFICE:3, MIDDLETON STREET,KOLKATA-700 071. R2 BY MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE, MR.P.K.MANOJKUMAR, SMT.SUSHYA RAJAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17699/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE STATEMENT OF ACCOUNTS SHOWING THE AMOUNTS DISBURSED TO THE PETITIONER DTD. 5/07/2007. P2: COPY OF THE REPRESENTATION DTD. 18/08/2007 SUBMITTED TO THE INSURANCE COMPANY. P3: COPY OF THE REPRESENTATION DTD. 30/10/2007 SUBMITTED TO THE INSURANCE COMPANY. P4: COPY OF THE COMMUNICATION DTD. 4/11/2008 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. P5: COPY OF THE COURIER RECEIPT EVIDENCING DELIVERY OF EXT.P4. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.17699 of 2009 --------------------------------------------- Dated 20th July, 2009 JUDGMENT Heard Sri.E.K.Nandakumar, the learned counsel appearing for the petitioner and Sri.P.K.Manoj Kumar, the learned counsel appearing for the second respondent. In the nature of the order that I propose to pass I do not deem it necessary to issue notice to or hear respondents 1 and 3. 2. The petitioner is a former employee of the National Insurance Company Limited. He resigned from service with effect from the close of office hours on 1.6.2007. In this writ petition his grievance is that he has been denied the benefit of encashment of 231 days of earned leave and 230 days of sick leave, standing to his credit as on the date of his resignation. 3. The pleadings disclose that claiming the said benefits he has moved the third respondent by filing Ext.P3 representation and also sent a letter evidenced by Ext.P4 to the second respondent. In my opinion, the petitioner ought to have moved the second respondent seeking redressal of his grievances. WP(C).No.17699/2009 2 I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the second respondent setting out his claims and contentions within one month from today, the second respondent shall consider the same and pass orders thereon after affording the petitioner a reasonable opportunity of being heard in person. Final orders in the matter shall be passed within two months from the date on which the petitioner files a representation as directed above before the second respondent. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS