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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Jawaharlal Nehru Tropical Botanical Garden and Research Institute – Appellant
Versus
Padmesh Pandaram Pillai S/o V.P. Pillai – Respondent
JUDGMENT :
Anil K. Narendran, J.
1. The 1st respondent in W.P. (C) No.24841 of 2022 has filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 04.03.2024 of the learned Single Judge in that writ petition, which was one filed by the 1st respondent herein-writ petitioner, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the appellant Institute to disburse the unpaid balance gratuity amount calculated on the basis of the years of service of the petitioner in the appellant Institute and the pay due him as per the recommendations of the 7th Central Pay Commission; a writ of mandamus commanding the appellant to disburse the money equivalent to 300 days of earned leave to the credit of the petitioner, while serving the appellant Institute; a writ of mandamus commanding the appellant to release the petitioner pay arrear benefits of the 7th Central Pay Commission from 01.01.2016 to 09.06.2016; a writ of mandamus commanding the appellant to forward the petitioner’s service book to his present employer, namely, the Central University of
Resignation does not entitle an employee to terminal leave encashment or gratuity under service rules, which require retirement or termination for such claims.
Resignation does not entitle an employee to terminal leave encashment or gratuity under service rules, which require retirement or termination for such claims.
Only regular full-time service qualifies for pension; leave vacancy service does not count under the amended rules effective at the time of retirement.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
Leave encashment - Beyond the period of superannuation no benefit of leave is available to a government employee.
The court held that the petitioner-institution is liable to pay gratuity and leave encashment to respondent-employees for their service period, as per the applicable rules and acts.
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
Point of law: Service that was once considered for inclusion in the qualifying service for pension was the provisional service envisaged under Rule 9 (a) (i) of the KS&SSR - Although such provisional....
Point of Law : Incident of retirement, either voluntary or on superannuation, is a sine qua non for claiming the benefit of earned leave as per the above norms.
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