IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 33584 of 2007(W) PETITIONER: 1. T.KUNHI MARAKKAR, LIBRARY ASSISTANT, FEROKE COLLEGE, FEROKE. 2. T.SULAIMAN, LIBRARY ASSISTANT, FEROKE COLLEGE, FEROKE. 3. P.HAMZA, LIBRARY ASSISTANT, FEROKE COLLEGE, FEROKE. 4. R.M.ABDUL RASSAK, LIBRARY ASSISTANT, FEROKE COLLEGE, FEROKE. 5. ABDULSALAM KUNDUKOELI, LIBRARY ASSISTANT, FEROKE COLLEGE, FEROKE. 6. E.P.VEERANKUTTY, LIBRARY ASSISTANT, FEROKE COLLEGE, FEROKE. BY ADV. SRI.JOSHI N.THOMAS RESPONDENTS : 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION 'VIKAS BHAVAN', P.M.S.JUNCTION, THIRUVANANTHAPURAM 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 4. THE PRINCIPAL, FEROKE COLLEGE, FEROKE. R4 BY ADV. SRI.K.M.FIROZ FOR R4 R1 TO R3 BY GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE G.O.(Rt) NO.1864/74/H.EDN. DATED 7.11.1974 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE CIRCULAR ESTT.E.4/9410/84 COLL EDN. DATED 5.3.1990 ISSUED BY THE SECOND RESPONDENT. EXT.P3 TRUE COPY OF CIRCULAR ER/9410/84/DATED 8.8.1990 ISSUED BY THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF G.O.(MS) NO.169/94/H.EDN. DATED 22.11.1994 ISSUED BY THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF LETTER G6-1/2004 DATED 8.12.2004 SENT BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT. EXT.P6 TRUE COPY OF PROCEEDING NO.D4-7834/04 DATED 9.11.04 ISSUED BY THE THIRD RESPONDENT. EXT.P7 TRUE COPY OF PROCEEDING DATED D4-1630/06 DATED 16.5.2000 ISSUED BY THE THIRD RESPONDENT. EXT.P8 TRUE COPY OF JUDGMENT DATED 11.1.2007 IN W.P.(C) NO.10363/2006 OF THIS COURT. EXT.P9 FORWARFDING LETTER A5-1/96-97 DATED 6.3.07 FROM THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P10 COPY OF LETTER NO.D4/1590/07 DATED 14/7/07 ISSUED BY THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 33584 OF 2007 W -------------------------------------------- Dated this the 13th June, 2008 JUDGMENT The petitioners are working as Library Assistants in Farook College, Feroke. The grievance of the petitioners is that they were not given the benefit of surrender of earned leave. According to the petitioners, in Exts.P6 and P7 proceedings, it was so recorded which would have the effect that the petitioners are not entitled to the benefit of surrender of earned leave. The petitioners state that in similar situation, Library Assistants of St.Joseph's College, Devagiri, filed W.P.(C) No.10363 of 2006 before this Court and that Writ Petition was disposed of as per Ext.P8 judgment dated 11.1.2007. In W.P.(C) No.10363 of 2006, the petitioners sought for a declaration that they are entitled to earned leave surrender. In Ext.P8 judgment it was held thus: “... If that be so, by virtue of Section 78 of the Calicut University (Conditions of Service of Teachers and Members of Non-teaching Staff) Statutes, 1979, and Note 5 under Rule 81 of Part I K.S.R referred to herein before will be applicable. As per the same, library staff will be treated as non-vacation staff. Therefore, they will be entitled to the benefit of surrender of earned leave.” 2. The Deputy Director of Collegiate Education addressed Ext.P10 letter dated 14.7.2007 to the Director of Collegiate Education, seeking for a clarification whether P.G.Library Assistants in other colleges can also be given the benefit of the non-vacation staff and whether they are eligible to W.P.(C) NO.33584 OF 2007 :: 2 :: be granted earned leave surrender. Reference was made in Ext.P10 to the Earned Leave Surrender bill submitted by the Principal of the Farook College. Ext.P8 judgment was also referred to. The Director of Collegiate Education has not sent any reply to Ext.P10. 3. The reliefs sought for in the Writ Petition are the following: “i) Issue a Writ of certiorari or any other appropriate Writ or direction calling for records leading to Ext.P6 and P7 and quashing the same. ii) declare that petitioners are entitled for Earned Leave Surrender Salary. iii) issue a writ of Mandamus or any other appropriate Writ or direction commanding the 3rd respondent to countersign and pass the Earned Leave Surrender Salary bill of the petitioners. iv) issue such other Writ order, direction as this Hon'ble Court deem fit and proper in the facts and circumstances of the case.” 4. Learned Government Pleader submitted that the matter is now pending before the Director of Collegiate Education on the basis of Ext.P10 letter and that he will take a decision in the matter at the earliest, taking into account Ext.P8 judgment. 5. In the facts and circumstances, there will be a direction to the Director of Collegiate Education to consider the case and finally decide W.P.(C) NO.33584 OF 2007 :: 3 :: the matter, as requested in Ext.P10, in the light of Ext.P8 judgment, ascertain whether the petitioners are similarly situated as the petitioners in W.P.(C) No.10363 of 2006 and if so pass appropriate orders. The Director of Collegiate Education shall take a decision in the matter within a period of six weeks. Appropriate consequential orders shall also be passed by the third respondent, Deputy Director of Collegiate Education, in case the Director of Collegiate Education takes a decision in favour of the petitioners. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/