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High Court of KeralaSingle JudgeWrit petition allowed

Anie Mol Cherian and Others v. State of Kerala and Others

Case / Petition Number:WP(C) NO. 28688 OF 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V.
Judgment Date
2021-12-20
Court Decision / Holding
The writ petition is allowed. Exts P5, P7 and P8 are quashed. It is held that the petitioners are entitled to earned leave surrender for 24 days for census duty from 12.4.2010 to 27.5.2010, and a direction is issued to the respondents to disburse salary and other benefits dehors Ext. P5. No order as to costs.
Final Disposition
Writ petition allowed

Parties to the Case

Appellants / Petitioners

  • Anie Mol Cherian
  • Anila C. Pillai
  • Anitha K.
  • Anooja R.
  • Anu Raphael
  • B. Syama
  • Babymini T.G
  • Beenamma Paul
  • Bhavakumar R.
  • Bindu Kurian
  • Bindu U.K.
  • Bindu S.G.
  • Bindhu K.G.
  • Chithrangana K.K.
  • Sr. Cuz Madhalai Mary.T
  • Deepa K.
  • Dhilshath A.A.
  • Dinesh V.
  • Elsy T.A.
  • Ency Varkey
  • Grace Paul M.P.
  • Hasanath
  • Hyder Ali T.
  • Jafarkhan A.
  • Jayaprasad P.V.
  • Jeena K.J.
  • John Peter A.
  • Joicy M. Mathai
  • Josephmary P.
  • K KANAKADASAN
  • Krishnadas M.
  • Krishnakumar K.
  • Laila Beegam A.R
  • Lizamma Louis Edassery
  • Manju N.S.
  • Manoj K.T.
  • Manojkumar R.
  • Mathai P.E.
  • Meeransha P.S.
  • Mini John
  • Muhammed Iqbal P.
  • Padmaja M.
  • Pradosh Kumar P.
  • Preetha N.
  • Preethy Ignatius E.
  • Premalatha V.
  • Priya P.
  • Priya V.
  • Priya U.
  • Priyadarsini N.
  • Pushpalatha P.
  • R.A. Rasheedha
  • Rajan A.
  • Rajeswari K.
  • Ranjini K.J.
  • Rejani K.J.
  • Rejitha Kumari K.
  • Rose V.J.
  • Rosy C.P.
  • S. Thanuja
  • Saffiya K.H.
  • Sajjad V.P.
  • Sasikala K.
  • Seena Francis
  • Seethalakshmi K.
  • SeSeeliA Baby J.
  • Shaji V.
  • Shaji P.C.
  • Shameera U.C.
  • Sheeja K.K.
  • Shency Raphael
  • Sheny M. Haridas
  • Sherin William
  • Sherly N.P.
  • Shery Yohannan
  • Shiny John C.
  • Smitha B.
  • Smitha K.N.
  • Sobh K.
  • Soumya N.
  • Sr.Rita Mary
  • Sreedhar T.
  • Sreekala R
  • Sreekumaran P.V.
  • Sreelatha M.K.
  • Sreelatha V.
  • Subha K.
  • Sugathan Pillai R.
  • SumA M.
  • SureSh T.C.
  • Tessy K.P.
  • Thenzeem P.J.
  • Venugopal T.K.
  • Vijayaran K.
  • Naina Chacko P.
  • Giji C.S.
  • Juliya Jannet Austrian
  • Sessy John

Respondents

  • The State of Kerala represented by its Secretary, General Education Department, Secretariat, Thiruvananthapuram
  • The Director of Census Operation, Kerala
  • The Director of General Education, Trivandrum
  • The Deputy Director of Education, Palakkad
  • The Deputy Director of Education, Thrissur
  • The District Educational Officer, Palakkad
  • The District Educational Officer, Mannarkkad, Palakkad District
  • The District Educational Officer, Ottappalam
  • The Assistant Educational Officer, Chittur
  • The Assistant Educational Officer, Mannarkkad
  • The Assistant Educational Officer, Alathur
  • The Assistant Educational Officer, Kollangode
  • The Assistant Educational Officer, Palakkad PO
  • The Assistant Educational Officer, Shornur
  • The Assistant Educational Officer, Palace Road, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv K. Sandesh Raja

Counsels for Respondents

  • • SMT Nisha Bose

Case Synopsis & Summary

The petition is a Public Interest/Writ petition filed by a large group of aided school teachers from Palakkad district challenging actions taken by the Government to recover from them the amounts paid as Earned Leave surrender for census duties performed in 2010 for the National Population Register (NPR). The petitioners assert they were engaged as enumerators during the NPR exercise, trained for three days, and worked roughly 45 days from 12.4.2010 to 27.5.2010 for house listing and NPR preparation. Duty certificates and verification by district authorities established their involvement, and Headmasters sanctioned Earned Leave surrender for 24 days, later validated by AEOs after cross-checking originals. The Government had issued Exts P1 (2010 GO) and P2 (2010 GAD) permitting proportionate Earned Leave for census duty; Ext P3 (2010 census letter) clarifies applicability; Ext P4 (duty certificates) corroborate service. Thereafter, Ext P5 (2013) allegedly restricted EL surrender to eight days, claiming the work could be completed in 16 days. Ext P6 (2013) directed not to implement Ext P5; Ext P7 and P8 (2020–2021) threaten recovery and withholding increments. The petition relies on the Supreme Court’s ratio in State of Punjab v. Rafiq Masih (White Washer) to argue that recovery after several years under valid orders is impermissible. The Court, citing a similar Ernakulam decision, allows the petition, quashes Exts P5, P7, P8, and directs payment of 24 days EL and salary/benefits without deduction, with no costs awarded.

Provisions of Law Cited

Rule 81, Part I, Kerala Service Rules (KSR)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argue that they were engaged as enumerators for Census operations in 2010, trained for three days, and served from 12.4.2010 to 27.5.2010 for house listing and NPR preparation. Duty certificates and validation by district authorities show their involvement; Headmasters sanctioned Earned Leave surrender for 24 days, verified by AEOs. Government orders Exts P1 (2010 GO) and P2 (2010 GAD) authorized proportionate Earned Leave for census duty; Ext P3 clarifies applicability; Ext P4/ P4A corroborate service. Ext P5 (2013) purportedly caps EL surrender at eight days, with Ext P6 directing not to implement P5; Ext P7/P8 threaten recovery and withholding increments. They rely on State of Punjab v. Rafiq Masih to argue that long-delayed recovery of benefits obtained under valid orders is impermissible. The petition cites a prior Ernakulam decision (W.P.(C) No. 9205/2020) in support. They seek quashing of Exts P5, P7, P8; declaration of entitlement to 24 days EL; and a direction to disburse salary and benefits without deduction, asserting no fault or misrepresentation by petitioners and equity in preserving legally granted benefits.

Contentions of Respondents

Respondents contend that EL was granted on the basis of policy allowing census-related leave; Ext P5 restricted EL to eight days; Ext P6 suspended Ext P5; Ext P7/ P8 threaten recovery; They emphasize policy coherence and fiscal prudence, and that the 32 working days (or 16 full days) of census duty under Ext P2 was subject to applicable caps. The government argues that Ext P5 represents a policy shift to recover excess payments where benefits were granted under erroneous assumptions; Ext P3 clarifications and Ext P6 indicate the state’s intent to regulate such benefits. They urge adherence to extant orders as a fiscal discipline measure and distinguish the present case from the government’s unilateral relaxations in 2010–2013. They contend that the petition seeks to override duly issued Government orders and financial controls absent fault by petitioners, and that the appropriate remedy lies in recovery or adjustment following established rule-based allowances, not in the blanket granting of 24-day EL surrender without consequence.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of Punjab v. Rafiq Masih (White Washer)(2015) 4 SCC 334PositiveUsed to support the proposition that recovery of amounts paid under valid orders cannot be pursued after a long time when benefits were granted correctly; the ratio favors protecting employees who relied on valid orders.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 20[TH] DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943** **WP(C) NO. 28688 OF 2021** ## **PETITIONERS:** 1 ANIE MOL CHERIAN AGED 49 YEARS W/O. ISSHAC P.J., JUNIOR HINDI TEACHER, MMUP SCHOOL PITTUKKARIKULAMBU, KORENCHIRA PO, PALAKKAD DISTRICT-678 584, RESIDING AT PARAYIL HOUSE, PATTIKKAD P.O., EDAPALAM, THRISSUR DISTRICT-680 652. 2 ANILA C. PILLAI AGED 54 YEARS REGHUKUMAR P., U P S T, PAMM U P SCHOOL KALLEPULLY, KALLEPULLY PO, PALAKKAD-678 005M, RESIDING AT RAGAMALIKA, N S S ENGINEERING COLLEGE P.O., AKATHETHARA,PALAKKAD, PIN-678 008. 3 ANITHA K. AGED 50 YEARS W/O. RAJAN C., LPST L M H S MANGALAMDAM, MANGALAMDAM (PO), PALAKKAD-678 706, RESIDING AT PARIYASSERY (HOUSE), KOTTEKKAD, KANNAMBRA (PO), PALAKKAD (DT) PIN678 686. 4 ANOOJA R. AGED 41 YEARS W/O. VASUDEVAN P., LPST, ALP SCHOOL PALAKKAZHI, ALANALLUR PO, PALAKKAD (DT)-678 601 RESIDING AT VALAPPIL (H), EDAPPATTA (PO), MELATTUR, PALAKKAD-679 326. 5 ANU RAPHAEL AGED 40 YEARS W/O DINOY KOMBARA, UPST, LMHS MANGALAM DAM, MANGALAM DAM PO, PALAKKAD DISTRICT PIN 678 706, RESIDING AT KOMBARA HOUSE, ELAVAMPADAM PO, PALAKKAD-678 684. 6 B. SYAMA AGED 52 YEARS WP(C) NO. 28688 OF 2021 2 W/O. C.GURUVAYURAPPAN, LPST, NMUPS (OLD HAUPS) AKKARA, KAVASSERY PO, PALAKKAD-678 543, RESIDING AT MITHILA (HOUSE), KATUSSERY, ALATHUR, PALAKKAD DISTRICT-678 542. 7 BABYMINI T.G AGED 47 YEARS W/O. A.RAVIKUMAR (LATE), LPSA CMMAJB SCHOOL MURUKANI, C N PURAM (PO), PALAKKAD-678 005, RESIDING AT JAYARAJ PROPERTIES, MUTTIKULANGARA, VALLIKODE, PALAKKAD-678 594. 8 BEENAMMA PAUL AGED 51 YEARS W/O. K M GEORGE L, LPST LMHS MANGALAMDAM, MANGALAMDAM P.O., PALAKKAD-678706 RESIDING AT KATTACKAL HOUSE, MANGALAMDAM PO, PALAKKAD-678 706. 9 BHAVAKUMAR R. AGED 41 YEARS S/O. S.RAGHAVAN, HST HINDI, V.I.M. HIGH SCHOOOL PALLASSANA, PALLASSANA PO, PALAKKAD-678 505, RESIDING AT EAST VILLAGE, PALLASSANA PO, PALAKKAD-678 505. 10 BINDU KURIAN AGED 49 YEARS W/O. DAVID T.A., LPST, SNUP SCHOOL KODUNTHIRAPPULLY, KODUNTHIRAPPULLY PO, PALAKKAD-678 004, RESIDING AT THATTIL HOUSE, MELAMURI, CITY (PO), PALAKKAD-678 014. 11 BINDU U.K. AGED 44 YEARS W/O. MANIKANDAN K., UPST AUP SCHOOL KUMARAMPUTHUR, MANNARKKAD COLLEGE (PO), KUMARAMPUTHUR, PALAKKAD-678 583, RESIDING AT NAZHIKKAL HOUSE, KARKKIDAMKKUNNU (PO), PALAKKAZHI, PALAKKAD-678 605. 12 BINDU S.G. AGED 48 YEARS W/O. T.K.SATHYAN, LPST, AUPS, VADAKKEPOTTA, THEKKEPOTTA P.O., PALAKKAD-678 687 RESIDING AT SREYAS,KUMBLAKODE PO, PAZHAYANNUR, THRISSUR-680 586. 13 BINDHU K.G. WP(C) NO. 28688 OF 2021 3 AGED 48 YEARS W/O. VENUGOPALAN K., LPST ALPS PALAKKAZHI, ALANALLUR, PALAKKAD-678 601 RESIDING AT KADUKOOR HOUSE, ALANALLUR, PALAKKAD-679 601. 14 CHITHRANGANA K.K. AGED 55 YEARS W/O. SIVADASAN P.K., ASSISTANT TEACHER, SNUP SCHOOL KODUNTHIRAPPULLY, KODUNTHIRAPPULLY PO, PALAKKAD-678 004, RESIDING AT LAKSHMI DEEPAM, POTHIMADAM, ANIKODE, KARIYAN KODE PO, PALAKKAD-678 572. 15 SR.CRUZ MADHALAI MARY.T AGED 42 YEARS D/O. THOMAS MARIANNAN, UPST, ST.PETER'S AUPS, ERUTHENPATHY, ERUTHENPATHY POST, KOZHINJAMPARA (VIA), PALAKKAD-678 555 ST.PETER'S AUPS PRESENTATION CONVENT, ERUTHENPATHY, ERUTHENPATHY POST, KOZHINJAM PARA (VIA), PALAKKAD-678 555. 16 DEEPA K. AGED 37 YEARS W/O. GIREESH C., UPST, A.U.P. SCHOOL VADAKKENCHERY, ALATHUR SUB DISTRICT, PALAKAKD, PIN-678 683, RESIDING AT 'SARANG', SCODA NAGAR, OOTTARA,VADAVANNUR, PALAKKAD678 504. 17 DHILSHATH A.A. AGED 49 YEARS W/O. ABDUL HAKKEEM A., UPST, POLACHIRAKKAL HIGH SCHOOL, PADAGIRI, NELLIYAMPATHY, PALAKKAD-678 508, RESIDING AT 13/105, VELLANARA, KOLLENGODE P.O., PALAKKAD-678 506. 18 DINESH V. AGED 51 YEARS S/O. V.JANARDHANAN, HST, NATURAL SCIENCE, PHSS PADAGIRI, NELLIYAMPATHY, PALAKKAD-678 508, RESIDING AT SIVANANDANAM, KIZHAKKETHARA, PALLAVUR, PALAKKAD-678 688. 19 ELSY T.A. AGED 54 YEARS W/O JOSE P.A., LPST, LMHS MANGALAMDAM,MANGALAMDAM PO, WP(C) NO. 28688 OF 2021 4 PALAKKAD-678 706, RESIDING AT PULICKAN HOUSE, (105), PRANAVAMSECOND STREET, MANNUTHY P.O., THRISSUR-680 651. 20 ENCY VARKEY AGED 45 YEARS W/O. VARGHESE K., UPST, A.U.P.S. VADAKKENCHERRY, ALATHUR SUB DISTRICT, PALAKKAD-678 683 RESIDING AT AYKARAKUDI HOUSE, PANNIYANKARA P.O., PALAKKAD-678 683. 21 GRACE PAUL M.P. AGED 51 YEARS W/O. JOHN VARGHESE, LPSA, AMM LPS VADAKKANCEHRRY, PALAKKAD-678 683 RESIDING AT KOCHUPURAKKAL HOUSE, KANAKKENTHURUTHY, PO, VADAKKENCHERRY, PALAKKAD-678 683. 22 HASANATH AGED 48 YEARS W/O. ABDULNASSER, UPST, A.U.P. SCHOOL KUMARAMPUTHUR, M.E.S. COLLEGE P.O., PALAKKAD-678 583, RESIDING AT THYKKADEN (H), THRIKKALOOR (PO), PALAKKAD-678 593. 23 HYDER ALI T. AGED 38 YEARS S/O. HAMZA (LATE), FULL TIME ARABIC TEACHER HG, A M A L P SCHOOL KUTTIPPALLAM, THEKKEDESOM POST, CHITTUR SUB DT, PALAKKAD-678 553, RESIDING AT THONGAN THODI HOUSE, TEKKEDESOM POST, PANIPPERUNTHALA, CHITTUR, PALAKKAD-678 553. 24 JAFARKHAN A. AGED 41 YEARS S/O. M ALIAKBAR, ARABIC TEACHER, MMUPS PITTUKKARIKULAMBU, KORENCHIRA (P.O), PALAKKAD-678 684, RESIDING AT KADAMPARAMBIL (H), GRAMAM VADAKKENCHERRY (P.O), ALAKKAD-678 683. 25 JAYAPRASAD P.V. AGED 40 YEARS S/O. RAMACHANDRAN P.V., VT PET, AUP SCHOOL KUMARAMPUTHUR, KUMARAMPUTHUR PO, PALAKKAD-678 601, RESIDING AT PADINHARUVEETTIL, EDATHANATTUKARA (PO), ALANALLUR (VIA), PALAKKAD-678 601. WP(C) NO. 28688 OF 2021 5 26 JEENA K.J. AGED 53 YEARS W/O. CLEETUS P.J., LPSTA, P.A.M.M.U.P.S. KALLEPULLY, PALAKKAD-678 005 RESIDING AT PORUTHUR HOUSE, MURUKAN NI, PALAKKAD-678 005. 27 JOHN PETER A. AGED 49 YEARS S/O. ANTHONISWAMY, UPSA, PHS PADAGIRI, NELLIYAMPATHY, PALAKKAD, 678 508, RESIDING AT NALLUR, KOZHIPPARA (PO), PALAKKAD, PIN-678 557. 28 JOICY M. MATHAI AGED 47 YEARS W/O. LATE M M BABY, HST, SOCIAL SCIENCE, LOURD MATHA H S MANGALAM DAM, MANGALAM DAM PO, PALAKKAD-678 706, RESIDING AT KOOZHIKULAM HOUSE, MANGALAM DAM PO, PALAKKAD-678 706. 29 JOSEPHMARY P. AGED 52 YEARS D/O. PITHCAI MUTHU, HM, R.C.A.L.P. SCHOOL CHANDRAPURAM, CHANDRAPURAM PO, PALAKKAD-678 624, RESIDING AT PRESENTATION CONVENT, CHANDRAPURAM PO, PALAKKAD-678 624. 30 K KANAKADASAN AGED 52 YEARS S/O N KRISHNAN, JUNIOR HINDI TEACHER (UP) POLACHIRAKKAL HIGH SCHOOL, PADAGIRI, PADAGIRI POST, PALAKAKD DT-678 508, RESIDING AT JITHUS GARDEN, NILAMPATHY, ALUVASSERY, NEMMARA POST, PALAKAKD DISTRICT-678 508. 31 KRISHNADAS M. AGED 52 YEARS S/O. GOPALAKRISHNAN (LATE), LPUP HEADMASTER, A.L.P.S KOTTOPPAADAM EAST, KOTTOPPAADAM PO, MANNARKKAD, PALAKKAD-678 583, RESIDING AT MAALANIVAS, THENKARA PO, MANNARKKAD, PALAKAKD-678 582. 32 KRISHNAKUMAR K. AGED 47 YEARS S/O. BALA GUPTHAN (LATE), U.P.S.T, A.U.P. SCHOOL WP(C) NO. 28688 OF 2021 6 KUMARAMPUTHUR, MANNARKKAD COLLEGE PO,PALAKAKD DISTRICT678 583, RESIDING AT KARINCHEETTIL (USHAS), THIRUVAZHIYODE PO, PALAKKAD DISTRICT-679 514. 33 LAILA BEEGAM A.R AGED 55 YEARS W/O. C.S UDHUMAN, UPSA, M M U P SCHOOL, PITTUKKARIKULAMBU, KORENCHIRA (PO), PALAKAKD DT-678 684, RESIDING AT SANA MANZIL, KAMMANTHARA VADAKKENCHERRY, PALAKKAD-678 683. 34 LIZAMMA LOUIS EDASSERY AGED 55 YEARS W/O. BENNY P.G, UPSA, POLACHIRAKKAL HIGH SCHOOL, PADAGIRI P.O., PALAKKAD-678 508, PUNNASSERY HOUSE, THEVARMANI, CHATHAMANGALAM PO, PALAKKAD-678 508. 35 MANJU N.S. AGED 45 YEARS W/O. RAMAKRISHNAN K., P D TEACHER, SNUP SCHOOL KODUNTHIRAPPULLY, KODUNTHIRAPPULLY P O, PALAKKAD-678 004, RESIDING AT KRISHNAA, PRATHEEKSHA NAGAR,CHUNGAM, PIRAYIRI PO., PALAKKAD, PIN-678 004. 36 MANOJ K.T. AGED 48 YEARS S/O RAJAGOPAL V (LATE), UPST, AUP SCHOOL KUMARAMPUTHUR, MANNAKKAD COLLEGE PO, PALAKKAD-678 583, RESIDING AT KRISHNAGEETHAM, ARIYOOR (PO), MANNARKKAD (VIA) PALAKKAD-678 583. 37 MANOJKUMAR R. AGED 48 YEARS S/O V.RAMAKRISHNAN (LATE), LPST, SMLP SCHOOL, VADAKKETHARA, MELARCODE PO, PALAKAKD-678 703, RESIDING AT KOMBANKODE VEEDU, PULLODE, PALAKKAD-678 545. 38 MATHAI P.E. AGED 54 YEARS S/O. P.M. EAPEN (LATE), HM, AUP SCHOOL KUMARAMPUTHUR, MANNARKKAD COLLEGE P.O., PALAKKAD-678 583, RESIDING POYKAMANNIL, PALLIKURUP P.O., PALAKKAD-678 582. WP(C) NO. 28688 OF 2021 7 39 MEERANSHA P.S. AGED 48 YEARS S/O. P M SHAHULHAMEED, L P S T, GALP SCHOOL PUTHUCODE, PALAKKAD-678 687,RESIDING AT BISMILLAMANZIL, THACHANADI, PUTHUCODE, PALAKKAD-678 687. 40 MINI JOHN AGED 54 YEARS W/O. ANTO FRANCIS K., UPST, LMHS MANGALAMDAM, MANGALAMDAM PO, PALAKKAD-678 706, RESIDING AT KAKKANATTU HOUSE, VELLANIKARA WEST, MADAKKATHARA P.O., THRISSUR DISTRICT-680 651. 41 MUHAMMED IQBAL P. AGED 32 YEARS S/O. MOIDEEN P., LPST, ARABIC, ALP SCHOOL PALAKKAZHI, ALANALLUR (PO), MANNARKKAD, PALAKKAD-678 601, RESIDING AT PADUVIL (HOUSE), ARIYOOR (PO), MANNARKKAD, PALAKKAD (DT)-678 583. 42 PADMAJA M. AGED 52 YEARS W/O. MADHAVADAS MENON, LPSA, CMMAJB SCHOOL MURUKANI, C.N.PURAM (PO), PALAKKAD-678 005,RESIDING AT ROHINI, VALIYAPADAM, C N PURAM (PO), PALAKKAD-678 005. 43 PRADOSH KUMAR P. AGED 46 YEARS S/O. LATE PRABHAKARAN, LPST, SMLPS VADAKKETHARA, MELARCODE (PO), PALAKKAD-678 703 MELEPPURA (HO), ERIMAYUR (PO), PALAKKAD-678 546. 44 PREETHA N. AGED 48 YEARS W/O. J.S. GOKUL DAS, HST, PHYSICAL SCIENCE, VIM HSS PALLASSANA, PALAKAD-678 505, RESIDING AT PRASANTHI, KARINGARAPPULLY (PO), PALAKKAD-678 551. 45 PREETHY IGNATIUS E. AGED 51 YEARS W/O. LATE RAJU GEORGE, HSST, MATHEMATICS, LOURDEMATHA HSS, MANGALAMDAM, PALAKKAD-678 706, ARRISSERIL HOUSE, |WP(C) NO.|28688 OF 2021<br>8| |---|---| ||POOKKAD, ANJUMOORTHY P.O., PALAKKAD-678 682.| |46|PREMALATHA V.| ||AGED 46 YEARS| ||W/O. MANOJ M., P.D.TEACHER SNUP SCHOOL,| ||KODUNTHIRAPULLY, PALAKKAD-678 004, RESIDING AT| ||VINAYAKA, VIDYUTH NAGAR, PALAKKAD-678 001.| |47|PRIYA P.| ||AGED 49 YEARS| ||W/O. V.SURESH, LPST, PAMMUPS KALLEPULLY, KALLEPULLY| ||(PO), PALAKKAD-678 005, RESIDING AT SREELAKAM,| ||BHAGAVATHY AVENUE, PUTHUR, PALAKKAD-678 001.| |48|PRIYA V.| ||AGED 41 YEARS| ||W/O. RAJESH K., ASSISTANT TEACHER, S.N.U.P SCHOOL| ||KODUNTHIRAPPULLY, PALAKKAD-678 004, RESIDING AT| ||PRATHYUSHAM, MANKURISSI (P.O), PALAKKAD-678 613.| |49|PRIYA U.| ||AGED 41 YEARS| ||W/O. RAMESH, ASSISTANT TEACHER, SNUP SCHOOL| ||KODUNTHIRAPPULLY, KODUNTHIRAPPULLY PO, PALAKKAD-678| ||004, RESIDING AT ATHIDHEYA, NAGARIPURAM (PO), MANNUR| ||(VIA), PALAKKAD-678642.| |50|PRIYADARSINI N.| ||AGED 52 YEARS| ||W/O. P.SURESH KUMAR, HM, SNUP SCHOOL KODUNTHIRAPPULLY,| ||KODUNTHIRAPPULLY PO, PALAKAKD-678 004, RESIDING AT SREE| ||NIKETH, ATHALUR, KODUNTHIRAPPULLY P.O., PALAKKAD-678| ||004.| |51|PUSHPALATHA P.| ||AGED 54 YEARS| ||W/O. RAMADAS, HEADMISTRESS, VIMHSS PALLASSANA,| ||PALLASSANA PO, PALAKKAD-678 505, RESIDING AT PRASANTH,| ||KOUNDERKALAM, PALLASSANA (PO), PALAKKAD-678 505.| |52|R.A.RASHEEDHA| ||AGED 55 YEARS| ||W/O. M.K. KABEER, LPST, AMLP SCHOOL PUNNAPPADAM,| WP(C) NO. 28688 OF 2021 9 ELAVAMPADAM POST, PALAKKAD-678 684 RESIDING AT MECHIKODE HOUSE, ELAVAMPADAM POST, PALAKKAD-678 684. 53 RAJAN A. AGED 48 YEARS S/O. APPUTHARAKAN A., UPST, AUPS KUMARAMPUTHUR, KUMARAMPUTHUR PO, PALAKKAD-678 583 RESIDING AT AZHAKAPATH HOUSE, THIRUVAZHIYODE P.O., PALAKKAD-679 514. 54 RAJESWARI K. AGED 44 YEARS W/O. VIJAYARAJAN K., U.P.S.T, A.U.P. SCHOOL KUMARAMPUTHUR, MANNARKKAD COLLEGE (P.O)., PALAKAKD-678 583, RESIDING AT KARUVANTHODI HOUSE, T.N. PURAM (P.O), THIRUVAZHIYODE (VIA), PALAKKAD-679 514. 55 RANJINI K.J. AGED 46 YEARS W/O. KRISHNAN UNNI K., UPST, PAMMUPS KALLEPULLY, KALLEPULLY PO, PALAKAKD-678 005, RESIDING AT 10/193 "VISMAYA", KANYARPADAM, CHITTUR (PO), PALAKKAD-678 101. 56 REJANI K.J. AGED 47 YEARS W/O. R.PRADESH KUMAR, JST, ENGLISH, VIMHSS PALLASSANA, PALLASSANA PO, PALAKKAD-678 505, RESIDING AT PADINJARE VEEDU, KALLAMPARAMBU, PALLASSANA PO, PALAKKAD-678 505. 57 REJITHA KUMARI K. AGED 52 YEARS W/O. PREMANAND S., HST, MATHS,BEMHSS PALAKKAD, PALAKKAD CITY POST, PALAKKAD-678 014, RESIDING AT 20/283, BETHEL, EDAYAR STREET NO.6, PALAKKAD-678 001. 58 ROSE V.J. AGED 51 YEARS W/O. SINON A.K., H.S.T. SOCIAL SCIENCE, OURDE MATHA H.S. MANGALAMADAM, MANGALAMDAM P.O., PALAKKAD-678 706, RESIDING AT ARIMBOUR, CHEEROTHA HOUSE, PARAVATTANI, OLLUKKARA P.O., THRISSUR DISTRICT-680 655. 59 ROSY C.P. WP(C) NO. 28688 OF 2021 10 AGED 49 YEARS W/O. K.E. ALEXANDER, ASSISTANT TEACHER, SNUPS KODUNTHIRAPPULLY, KODUNTHIRAPPULLY PO, PALAKKAD-678 004, RESIDING AT KANNAMPUZHA HOUSE, KODUNTHIRAPULLY, PALAKKAD-678 004. 60 S.THANUJA AGED 49 YEARS W/O. R.SUGATHAN PILLAI, UPST, POLACHIRAKKAL HIGH SCHOOL, PADAGIRI PO, PALAKAKD-678 508 RESIDING AT SREERANGAM, NELLIPPADAM, NENMARA PO, PALAKKAD-678 508. 61 SAFFIYA K.H. AGED 47 YEARS W/O. SHAJAHAN, UPST, NMUPS (OLD HAUPS), AKKARA, KAVASSERY, PALAKKAD-678 543, RESIDING AT AANAVALAVU, MARUTHAKODE, THONIPPADAM, VAVULLIAPURAM POST, PALAKKAD678 543. 62 SAJJAD V.P. AGED 48 YEARS W/O. MUHAMMAD ALI V.P., F T ARABIC, AUP SCHOOL, MUMARAMPUTHUR, MANNARKKAD COLLEGE P.O., PALAKKAD DISTRICT-678 582, RESIDING AT VALAYAM PUZHA HOUSE, NATTUKAL P.O., MANNARKKAD COLLEGE, PALAKKAD-678 583. 63 SASIKALA K. AGED 51 YEARS W/O.A.P. SUBRAHMANIAN, LPST, P A M M U P S KALLEPULLY, KALLEPULLY (PO), PALAKKAD 678 005 RESIDING AT VRINDAVANAM,KALLUVAZHI (PO), PALAKAKD-679 514. 64 SEENA FRANCIS AGED 46 YEARS W/O. GEOGY DAVID, LPST, AUPS VADAKKEPOTTA, VADAKKEPOTTA PO, PALAKKAD-678 687, RESIDING AT KAVUNGAL HOUSE, MANAPPADOM PO, PALAKKAD-678 687. 65 SEETHALAKSHMI K. AGED 53 YEARS W/O. JAYADEVAN K., LPST, ALPS PUTHIYANKAM, PUTHIYANKAM PO, PALAKKAD-678 545, RESIDING AT JAYAGEETHAM, GANDHI WP(C) NO. 28688 OF 2021 11 NAGARCOLONY, G 49, CHANDRANAGAR PO, PALAKKAD-678 007. 66 SESEELIA BABY J. AGED 51 YEARS W/O. REGIS GNANAMIRTHAM A., LPSA, C.K.A.L.P. SCHOOL, CHUNNAMBUKALTHODE, VELANTHAVALAM (P.O), PALAKKAD-678 557, RESIDING AT SAMMANTHODE, ERUTHENPATHY PO, PALAKKAD-678 555. 67 SHAJI V. AGED 51 YEARS S/O. K.VASUDEVAN, HST, SOCIAL SCIENCE, VIMHS PALLASSANA, PALLASSANA, PALAKAKD-678 505, RESIDING AT KOUSTHUBHAM, NEDUVILI KALAM, PALLASSANA, PALAKAKD-678 505. 68 SHAJI P.C. AGED 46 YEARS W/O. AGI GEORGE T, LPST, KMLP SCHOOL, KARAPPOTTA, KANNAMBRA (PO), PALAKAKD-678 686, RESIDING AT THADATHIL HOUSE, VASANTH VIHAR, PATTIKKAD, PATTIKKAD PO, PALAKKAD-680 652. 69 SHAMEERA U.C. AGED 44 YEARS W/O. SAYYID SHIHABUDHEEN POOKOYA THANGAL LPSA, ALPS PALAKKAZHI, ALANALLUR PO, PALAKKAD-678 601 RESIDING AT KUNNATHAKATH, PO.VETTATHUR, MALAPPURAM-679 326. 70 SHEEJA K.K. AGED 47 YEARS W/O. RAMADAS K., ASSISTANT TEACHER, S.N.U.P SCHOOL KODUNTHIRAPPULLY, PALAKKAD-678 004, RESIDING AT KADAKSHAM, KODUNTHIRAPPULLY, PALAKKAD-678 004. 71 SHENCY RAPHEL AGED 51 YEARS W/O.PORICHU T.A., LPST, LOURDE MATHA H S MANGALAMDAM, MANGALAMDAM PO, PALAKKAD-678 706, RESIDING AT SHENCY RAPHEL, THAIKKADAN HOUSE, KADAVI STREET, PARAVATTANI, THRISSUR-680 005. 72 SHENY M. HARIDAS WP(C) NO. 28688 OF 2021 12 AGED 41 YEARS W/O. RA.MANIKANDAN, UPST, AUPS VADAKKEPOTTA, THEKKEPOTTA POST, PALAKKAD-678 687, RESIDING AT KRISHNAKRIPA, KANNATHUKAD, MANAPPADOM POST, PALAKKAD678 687. 73 SHERIN WILLIAM AGED 55 YEARS W/O. THYAGARAJAN N., HST, (MALAYALAM), BSMHSS, PALAKKAD-678 014, RESIDING AT HARVEST, KANNANKARA (PO), CHELANNUR, KOZHIKKODE-673 616. 74 SHERLY N.P. AGED 52 YEARS W/O. SYMON N.J., UPST, MMUPS, PITTUKKARIKULAMBU, KORANCHIRA P.O., PALAKKAD-678 684, RESIDING AT NIRAVATH HOUSE, KORANCHIRA P.O., PALAKKAD-678 684. 75 SHERY YOHANNAN AGED 48 YEARS D/O. YOHANNAN P.O., UPST,LMHS MANGALAMDAM, MANGALAMDAM,PALAKKAD-678 706, RESIDING AT ST.PETER'S CONVENT, MANGALAM DAM PO, PALAKKAD-678 706. 76 SHINY JOHN C. AGED 50 YEARS W/O. MANOJ KUMAR K.A., UPST A.U.P.S, VADAKKENCHERRY, ALATHUR SUB DISTRICT, PALAKKAD-678 683, RESIDING AT KAIMALA HOUSE, MUDAPPALLUR P.O., PALAKKAD, PIN-678 705. 77 SMITHA B. AGED 48 YEARS W/O. N.RADHAKRISHNAN, HST (SOCIAL SCIENCE), VIMHSS PALLASSANA, PALLASSANA PO, PALAKKAD-678 505 RESIDING AT SMITHAM, KANNANOORPADAM, PALLASSANA PO, PALAKKAD-678 505. 78 SMITHA K.N. AGED 41 YEARS W/O. A.SUBASH, LPSA, AJBS KALPATHY, KALPATHY (POST), PALAKKAD-678 003, RESIDING AT VRINDAVAN, PUDUPPARIYARAM (POST), OLAVAKKODE (VIA), PALAKKAD-678 731. WP(C) NO. 28688 OF 2021 13 79 SOBHA K. AGED 48 YEARS W/O. REVISANKAR A.R., LPSA, K.V.AL.P SCHOOL, MUTHUKURUSSI, MUTHUKURUSSI (PO), PALAKKAD-678 593, RESIDING AT SOPANAM, MUTHUKURUSSI (PO), PALAKKAD-678 593. 80 SOUMYA N. AGED 38 YEARS W/O. BIJU, UPST, A U P S KAUMARAMPUTHUR, KUMARAMPUTHUR PO, PALAKKAD-678 583 RESIDING AT BIJU NIVAS, KARKKIDAMKUNNU PO, ALAMALUR, PALAKKAD-678 605. 81 SR.RITA MARY AGED 42 YEARS D/O. GABRIAL, LPSA C.K.A.L.P. SCHOOL, CHUNNAMBUKKALTHODE, VELANTHAVALAM POST, PALAKKAD DISTRICT-678 557, RESIDING AT PRESENTATION COVNENT CHUNNAMBUKKALTHODE, VELANTHAVALAM POST, PALAKKAD DISTRICT-678 557. 82 SREEDHAR T. AGED 46 YEARS S/O. KUNCHUNNI LATE, HEADMASTER, AMLP SCHOOL, CHEMMANKUZHI, EZHUVANTHALA PO, PALAKKAD-679 335, RESIDING AT THACHAMPARAMBATH HOUSE, EZHUVANTHALA P.O., NELLAYI VIA, PALAKKAD-679 335. 83 SREEKALA R AGED 40 YEARS W/O. SANTHOSH KUMAR, ASSISTANT (LPST) SNUP SCHOOL KODUNTHIRAPULLY, KODUNTHIRAPULLY PO, PALAKKAD-678 004, RESIDING AT A5, NARAYANEEYAM, SHASTHAPURI, AYYAPPURAM, PALAKKAD-678 003. 84 SREEKUMARAN P.V. AGED 55 YEARS S/O. V.M.SREEDHARAN NAIR, F T HINDI, AUP SCHOOL KUMARAMPUTHUR, MANNARKKAD COLLEGE PO, PALAKAKD-678 583, RESIDING AT PANCHAMI, MANNARKKAD COLLEGE PO, PALAKKAD678 583. 85 SREELATHA M.K. WP(C) NO. 28688 OF 2021 14 AGED 44 YEARS W/O. VINODKUMAR K.K., UPST, SNUP SCHOOL KODUNTHIRAPPULLY, KODUNTHIRAPPULLY PO, PALAKKAD-678 004, RESIDING AT KALATHIL HOUSE, KANNADI POST, PALAKKAD-678 701. 86 SREELATHA V. AGED 51 YEARS W/O. SASIPAL S K, LPST ALPS PALAKKAZHI, ALANALLUR (PO), PALAKKAD-678 601, RESIDING AT SKP MANDIRAM, ALANALLUR P.O., PALAKKAD-678 601. 87 SUBHA K. AGED 49 YEARS W/O. ARUNKUMAR C., U P S T, A U P S MOOLAMCODE, MOOLAMCODE (PO), KIZHAAKKANCHERRY PALAKKAD-678 684, RESIDING AT AMARAVATHI, MANJAPRA (PO), PALAKKAD-678 685. 88 SUGATHAN PILLAI R. AGED 54 YEARS S/O. RAGHAVAN NAIR, HST, MALAYALAM, POLACHIRAKKAL HSS PADAGIRI, PADAGIRI (PO), PALAKKAD-678 508, RESIDING AT SREERANGAM, NELLIPPADAM, NENMARA (PO), PALAKKAD-678 508. 89 SUMA M. AGED 50 YEARS W/O. SURESH O, UPST, AUP SCHOOL KUMARAMPUTHUR, MANNARKKAD COLLEGE (PO), PALAKAKD (DT). 678583, RESIDING AT BAVANA, KULIKKI LIYAD, KOTTAPURAM (PO), SREE KRISHNA PURAM (VIA), PALAKAKD-679 513. 90 SURESH T.C. AGED 46 YEARS W/O. CHAMI GUPTHAN, UPSTA, AUPS KUMARAMPUTHUR, MANNARKKAD COLLEGE P.O., PALAKKAD-678 583, RESIDING AT THAZHATHETHIL PALLIKURUP, MANNARKKAD, PALAKKAD-678 582. 91 TESSY K.P. AGED 54 YEARS W/O. ZACHARIAS MATHEW, L P S T, LMHS MANGALAM DAM, MANGALAM DAM PO, PALAKKAD-678 706, RESIDING AT WP(C) NO. 28688 OF 2021 15 KOCHUPARAMBIL HOUSE, KAYARADI P.O., PALAKKAD-678 510. 92 THENZEEM P.J. AGED 41 YEARS W/O. MANSOOR P.M., LPST K.M.L.P.S. KARAPPOTTA, KANNAMBRA PO, PALAKKAD-678 686, RESIDING AT POOVATHINGAL HOUSE, CHIYYARAM, THRISSUR-680 026. 93 VENUGOPAL T.K. AGED 45 YEARS GOPALAKRISHNAN NAIR P.K., UPST, AUPS, KUMARAMPUTHUR, MANNARKAKD COLLEGE, PALAKKAD-678 583, RESIDING AT KANNADIKUZHIYIL HOUSE, ALANALLUR POST, PALAKKAD-678 601. 94 VIJAYARAJAN K. AGED 51 YEARS S/O. SANKARATHARAKAN, UPST, AUP SCHOOL KUMARAMPUTHUR, MANNARKKAD COLLEGE (P.O), PALAKAKD-678 583, RESIDING AT KARUVANTHODI HOUSE, THIRUNARAYANAPURAM (P,O), THIRUVAZHIYODE (VIA), PALAKAKD-679 514. 95 NAINA CHACKO P. AGED 55 YEARS W/O. P.D. ANTONY, L P S T, C A L P S CHEVOOR, CHEVOOR PO, THRISSUR-680 027 RESIDING AT CHIRAYATH PALLIPURAM HOUSE, MOORKANAD, CHERPU, THRISSUR-680 711. 96 GIJI C.S. AGED 46 YEARS W/O. SURENDREN T.S., LPST, E.S. ALATHUR, CHITTANJOOR P.O., THRISSUR-680 523, RESIDING AT THALEKKARA HOUSE, KATTAKAMPAL P.O., SRAYIL ROAD, KUNNAMKULAM, THRISSUR680 544. 97 JULIYA JANNET AUSTIAN AGED 44 YEARS W/O. VINEETH WINSTON, HST, MALAYALAM, BEM HSS PALAKKAD, PALAKKAD PO, PALAKKAD-678 014, RESIDING AT GEEYAN RIVER VIEW GARDENS, 30/41 (9)M, WEST YAKKARA, PALAKKAD-678 001. 98 SESSY JOHN WP(C) NO. 28688 OF 2021 16 AGED 50 YEARS W/O. PAUL C. KURIAN, HSST (MALAYALAM), HOLY FAMILY C.G. HSS CHEMBUKKAVU CHEMBUKKAVU PO, THRISSUR-680 631 RESIDING AT CHOWALLUR HOUSE, PRANAVAM NAGAR, OLLURKKARA PO, THRISSUR-680 685. BY ADV K.SANDESH RAJA ## **RESPONDENTS:** 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEX-II, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF CENSUS OPERATION DIRECTORATE OF CENSUS OPERATIONS, KERALA, CGO COMPLEX, PONKULAM, THIRUVANANTHAPURAM-695 522. 3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM-695 014. 4 THE DEPUTY DIRECTOR OF EDUCATION PALAKAKD P.O., PALAKKAD-678 001. 5 THE DEPUTY DIRECTOR OF EDUCATION 2ND FLOOR, CIVIL STATION, THRISSUR-680 003. 6 THE DISTRICT EDUCATIONAL OFFICER PALAKKAD-678 001. 7 THE DISTRICT EDUCATIONAL OFFICER MANNARKAD, PALAKKAD DISTRICT-678 582. 8 THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM, PALAKKAD-678 103. 9 THE ASSISTANT EDUCATIONAL OFFICER CHITTUR, PALAKKAD-678 101. WP(C) NO. 28688 OF 2021 17 - 10 THE ASSISTANT EDUCATIONAL OFFICER MANNARKKAD, PALAKAKD-678 582. - 11 THE ASSISTANT EDUCATIONAL OFFICER ALATHUR, PALAKKAD-678 652. - 12 THE ASSISTANT EDUCATIONAL OFFICER KOLLANGODE PALAKKAD-678 506. - 13 THE ASSISTANT EDUCATIONAL OFFICER PALAKKAD PO, PALAKAKD-678 001. - 14 THE ASSISTANT EDUCATIONAL OFFICER SHORNUR, PALAKAKD-679 121. - 15 THE ASSISTANT EDUCATIONAL OFFICER PALACE ROAD, THRISSUR-680 020. SMT NISHA BOSE SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 18 WP(C) NO. 28688 OF 2021 ## **JUDGMENT** The petitioners herein are aided school teachers serving in the Lower Primary, Upper Primary, High School and Higher Secondary sections under various managements in the Palakkad district. They have approached this Court being aggrieved by the order issued by the respondents directing them to return the amounts paid to them for undertaking the enumerator work in connection with the preparation of the National Population Register (NPR) on the ground that they had been granted Higher Earned Leave than what was eligible to them. 2. It is the case of the petitioners that they had undertaken the enumerator work in connection with the preparation of the NPR on the basis of the list prepared by the District Administration. They were issued with letters by the revenue authorities and they were directed to report for the Census 19 WP(C) NO. 28688 OF 2021 Training Programme to be held on 5th -7th of April, 2010 in various centres in the Palakkad District. After completion of the training, they had undertaken the census operation from 12.4.2010 to 27.5.2010. All the petitioners are stated to have worked for 45 days after the training. The revenue authorities have certified that the petitioners have engaged themselves during the aforesaid period in connection with the Census duty as is evident from Exts.P4 and P4(a) issued in respect of petitioners No.4 and 69. They contend that similar certificates have been issued to others as well. The Headmaster of the respective school has sanctioned Earned Leave Surrender for a period of 24 days and the same has been sanctioned by the concerned AEOs after verifying the original of the duty certificate. The petitioners assert that they had worked for 48 days during vacation including the three days’ training programme. 3. According to the petitioners, the Government on the recommendation of the Census Department had issued an order 20 WP(C) NO. 28688 OF 2021 dated 14.10.2009 prescribing the conditions for engaging teachers for the purpose of conducting census. They contend that based on requests from various organizations, the Government had issued Ext.P1 order which states that teachers who are engaged in Census duty and similar works are eligible for proportionate earned leave for the period during which they are prevented from availing vacation as provided in Rule 81 Part I of the KSR and the above Earned Leave should be sanctioned to those teachers who engage in such works during vacation time. Later, Ext.P2 order was issued by the Government ordering that the workers, the details of which are mentioned therein, who are appointed as supervisors/enumerators will be allowed the concession of absenting themselves from the institution/office on census duty for half day either in the forenoon or in the afternoon on 32 working days from 12.4.2010 to 27.5.2010 or the full day for 16 working days between 12.4.2010 to 27.5.2010 or the full day for 16 working days between 12.4.2010 to 27.5.2010 for the 21 WP(C) NO. 28688 OF 2021 house listing and housing census and preparation of NPR. 4. It is further contended that later by Ext.P5 order dated 20.4.2013, the Government turned around and ordered that Earned Leave Surrender can be granted only for eight days proceeding on the premise that the house listing work can be completed in 16 days. According to the petitioners, Ext.P5 order was passed about three years after Ext.P1 order. It is further submitted that Ext.P2 order is not applicable to teachers of the vacation department and the same has been clarified by the census department by Ext.P3 letter. 5. The petitioners state that having worked for 45 days and undergone training for three days, they could not have been denied the rights which were granted to them by Exts.P1 and P2 orders. They contend that the Government, after considering the grievance of the petitioners, had issued Ext.P6 order and had directed the respondents not to implement Ext.P5 Government 22 WP(C) NO. 28688 OF 2021 Order until further notice. 6. According to the petitioners, after about 7 years, steps are being taken to recover the amount granted to them for a period of 16 days and Ext.P5 order is attempted to be enforced. Exts.P7 and P8 letters have been issued to the petitioners 4 and 5 informing them that if the amount is not paid within 8 days, all the future benefits including the increment payable to the teachers shall be stopped. The petitioners contend that the aided school teachers in Ernakulam District had occasion to approach this Court being aggrieved by the recovery of the amounts and this Court by judgment dated 31.3.2021 had interfered with the orders of the Deputy Director and interdicted the recovery of the Earned Leave amount. It is in the afore circumstances that the petitioners are before this Court seeking the following relief: “(i) issue a writ of certiorari or other appropriate writ order or direction setting aside Exhibit.P5, P7 and P8. (ii) To declare that the petitioners are entitled to earned leave surrender for 24 days for doing census duty from 12.4.2010 to 23 WP(C) NO. 28688 OF 2021 ## 27.5.2010. (iii) Issue a writ of mandamus or any other appropriate order or direction directing the respondents to disburse the salary and other emoluments including increment and pay revision benefits, and retirement benefits without recovering the amounts due as per Ext.P5 to the petitioners.” 7. I have heard Sri. Sandesh Raja, the learned counsel appearing for the petitioners and Sri.Bijoy Chandran, the learned Senior Government Pleader. 8. I have considered the submissions and have gone through the records. The materials placed on record reveal that the petitioners were engaged as enumerators and after undergoing training for three days they had conducted house listing and housing census operations in connection with the preparation of NPR from 12.04.2010 to 27.05.2010. Exhibit P1 would reveal that they have been granted the benefit of earned leave as per the relevant provisions of Part I of the KSR. There is no case for the respondents that any benefit was obtained by the 24 WP(C) NO. 28688 OF 2021 petitioners on account of any fault or error or reasons that can be attributed to him/her so as to initiate recovery of the amount which is stated to have been paid in excess. 9. I find that an identical issue was raised by teachers in various schools under the Education Department in Ernakulam District and a learned Single Judge of this Court relying on the declaration of law in **State of Punjab v. Rafiq Masih (White Washer)** [(2015) 4 SCC 334)] had interfered with the orders passed by the Deputy Director. While disposing of the writ petition, this Court had occasion to observe as follows in paragraph Nos. 8 to 13 of the judgment in W.P.(C) No. 9205/2020. “8. The petitioners specifically contend that they had been engaged as Enumerators in the year 2010 and they had been given the benefit of earned leave as per Rule 81 of Part I KSR; and that this was offered to them on the strength of valid orders, without any misrepresentation or reasons that can be attributed against them. 9. They say that, therefore, merely because Government now says that the process of Enumeration could have been done in 25 WP(C) NO. 28688 OF 2021 16 days and therefore, that teachers are entitled only to 8 days of earned leave, the Deputy Director could not have recovered any amount from them on such basis. 10. They say that this is more so because the Government themselves have issued an order dated 14.05.2013, freezing their earlier order directing recovery; and that this is still in force. 11. As a corollary adjunct to the afore contentions, petitioners say that even if any recovery is possible, the same is impermissible at this time on account of the ratio of the Hon'ble Supreme Court in Rafiq Masih (Supra) and that therefore, the impugned orders be set aside. 12. There can be no doubt that the ratio in Rafiq Masih (Supra) is unmistakable that unless a benefit has been obtained by an employee on account of any fault or error or reasons that can be attributed to him/her, such recovery is not possible after more than eight or nine years, as has been attempted in this case. 13. The declarations in Rafiq Masih (Supra) make it further indubitable that the recovery ordered against persons who are nearing retirement, with respect to benefits that were given to them under valid and legal orders, cannot be recovered merely on the ground that such sanctions were in error at the time when they were issued.” ## 10. I respectfully concur with the observations and findings of the learned Single Judge. The issue involved in the instant case 26 WP(C) NO. 28688 OF 2021 is exactly the same and in that view of the matter, I find no reason to refuse the prayer sought for by the petitioners. 11. In that view of the matter, the petitioners are entitled to succeed. The writ petition will stand allowed. Exts.P5, P7 and P8 will stand quashed. It is held that the petitioners would be entitled to earned leave surrender for 24 days for doing the census duty from 12.4.2010 to 27.5.2010 and there will be a further direction to the respondents to disburse the salary and other benefits dehors Ext.P5. There will be no order as to costs. **Sd/-** **RAJA VIJAYARAGHAVAN V, JUDGE** AJ 27 WP(C) NO. 28688 OF 2021 ## **APPENDIX OF WP(C) 28688/2021** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE GOVERNEMNT ORDER G.O.(RT)| |---|---| ||NO.2851/2010/G.EDN. DATED 30.6.2010.| |Exhibit P2|TRUE COPY OF THE G.O.(MS) NO.171/2010/GAD| ||DATED 30.4.2010.| |Exhibit P3|TRUE COPY OF THE LETTER NO.T-CG/2/119/2010| ||DATED 16.11.2010.| |Exhibit P3(A)|TYPED COPY OF EXHIBIT P3.| |Exhibit P4|TRUE COPY OF THE DUTY CERTIFICATE B1-9511/07| ||DATED 4.8.2010 ISSUED BY THE CHARGE CENSUS| ||OFFICER/TAHASILDAR, MANNARKKAD TO THE 4TH| ||PETITIONER.| |Exhibit P4(A)|TRUE COPY OF THE DUTY CERTIFICATE DATED| ||4.8.2010 ISSUED BY THE CHARGE CENSUS| ||OFFICER/TAHASILDAR, MANNARKKAD TO THE 69TH| ||PETITIONER.| |Exhibit P5|TRUE COPY OF THE GOVERNMENT ORDER G.O.(P)| ||NO.142/2013/G.EDN. DATED 20.4.2013.| |Exhibit P6|TRUE COPY OF THE LETTER| ||NO.42076/G3/2010/G.EDN. DATED 14.5.2013.| |Exhibit P7|TRUE COPY OF THE LETTER NO.J.3/25760/2014| ||DATED 28.10.2020 OF THE 4TH RESPONDENT.| |Exhibit P8|TRUE COPY OF THE LETTER NO.F3/6260/2021 DATED| ||15.9.2021 ISSUED BY THE 5TH RESPONDENT.|