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2023 Supreme(Ker) 548

ALEXANDER THOMAS, C. JAYACHANDRAN
National Insurance Company Ltd. – Appellant
Versus
S. Sudeep Kumar, S/o. Sankaran – Respondent


Advocates Appeared:
For the Appellant : Thampan Thomas, B.V. Joy Sankar, R. Rajasree (Chuttimattathil), Nincy Mathew.
For the Respondent: Sri. E.K. Nandakumar (SR.), Sri. M. Gopikrishnan Nambiar.

JUDGMENT :

C. Jayachandran, J.

The respondents in W.P.(C) No.10980/2010 (the National Insurance Company and its officials) are the appellants herein. The instant writ appeal is preferred challenging the judgment dated 2.3.2023 of the learned Single Judge in the writ petition afore-referred, which directed the respondents therein to pay the leave encashment due to the petitioner therein, together with interest at the rate of 6% per annum, within a period of two months from the date of receipt of a copy of the judgment.

2. The essential facts are as follows:-

    The parties are referred to in their original status in the writ petition. The petitioner resigned from the 1st respondent National Insurance Company Ltd. after 21 years of service. Although he was informed that he would be entitled for the benefit of earned leave encashment, the same was not disbursed to him. Exts.P4 and P5 representations dated 18.8.2007 and 30.10.2007 seeking encashment of the earned leave evoked no response from the respondents. The same was the fate of Ext.P6 reminder. Consequently, the petitioner filed W.P.(C) No.17699/2009 before this Court, which was disposed of vide Ext.P7 judgment dated 20.7.2009, directin

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