IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 17280 of 2007(F) --------------------------------------- PETITIONER(S): ----------------------- 1. N.A.AZEEZ, S.L.R.WORKER,(ROLLER DRIVER) P.W.D.ROADS SECTION, KALLOORKKADU. 2. V.K.ALEXANDER, S.L.R.WORKER, ROLLER DRIVER, P.W.D.ROADS SECTION, KOOTHATTUKULAM. 3. MANI T.D., S.L.R.WORKER, P.W.D.ROADS SECTION, PIRAVOM. 4. KUNJAN KUMARAN, S.L.R.WORKER, P.W.D.ROADS SECTION, PIRAVOM. 5. KRISHNANKUTTY K.K., S.L.R.WORKER, P.W.D.ROADS SECTION, PIRAVOM. 6. MOHANAN M.K., S.L.R.WORKER, P.W.D. ROADS SECTION, PIRAVOM. 7. JOHNY E.M., S.L.R.WORKER, P.W.D.ROADS SECTION, KOTHAMANGALAM. 8. JOHN.K., S.L.R.WORKER, P.W.D.ROADS SECTION, PERUMBAVOOR. BY ADV. MR.ASOK M.CHERIAN RESPONDENT(S): ------------------------- 1. EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION MOOVATTUPUZHA. 2. SUPERINTENDING ENGINEER, P.W.D. CENTRAL CIRCLE, ALUVA. W.P.(C) NO.17280/2007 3. CHIEF ENGINEER (ADMINISTRATIVE) P.W.D. THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1- R4 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17280/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF 4TH RESPONDENT DT. 28.6.04. P2:- COPY OF THE GO(RT) NO.967/PW DT. 18.9.71. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17280/2007-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of January, 2009 J U D G M E N T The petitioners are SLR workers working under the second respondent. They have been benefited by the disbursement of the earned leave benefits. When steps are being taken to recover the same describing them as wrong payments, they have approached this Court by this writ petition. 2. According to the petitioners, recovery is being effected without issuance of any proper proceedings. It is also contended that going by certain Government Orders issued in the matter, they are eligible for such benefits. 3. The petitioners have produced along with I.A.No.10556/2007, a true copy of G.O.(Rt) No.967/PWD dated 18/09/1971, which according to them will establish their claim. 4. The fourth respondent has filed a counter affidavit. It is pointed out that the petitioners are allowed to surrender earned leave benefits by the concerned authorities under the presumption that they were eligible for leave salary benefit on their absorption in arising vacancies in the vanishing category of Non Muster Roll Workers. The contention W.P.(C) No.17280/2007 -:2:- apparently taken is that the Government has not extended the Rules and Service conditions of regular employees to the SLR workers. 5. It cannot be disputed that the amounts have been disbursed to them after the issuance of Ext.P4. The counter affidavit discloses that the eighth petitioner has submitted a representation against the proposal to effect recovery. 6. Since the amounts have been disbursed to them from time to time, they are entitled to be put to notice of the irregularity, if any. Therefore, the writ petition is disposed of directing the respondents herein to issue appropriate notices to the petitioners stating the reasons as to the irregularity in granting the said benefits and they should be allowed time to file appropriate representations in the matter. If the petitioners seek for a personal hearing, that opportunity should also be granted. The recovery steps now ordered will be kept in abeyance till final orders are passed and communicated to the petitioners. No costs. (T.R. Ramachandran Nair, Judge.) ms