High Court of KeralaSingle JudgeWrit petition allowed; Ext.P15 quashed; authori...

PRADEEP KUMAR .R v Union of India and others (WP(C).No.63 of 2021)

Case / Petition Number:WP(C).No.63 OF 2021(G)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2021-03-31
Court Decision / Holding
Writ petition allowed; Ext.P15 set aside; directing the competent authority to reconsider the petitioner’s request for study leave, in light of Ext.P9’s observations and directions, and after affording the petitioner a hearing (physical or via video), culminating in an appropriate order within two months from receipt of a copy of the judgment; the rival contentions remain open for appropriate consideration by the competent Authority.
Final Disposition
Writ petition allowed; Ext.P15 quashed; authority to reconsider request for study leave with hearing within two months; observations in Ext.P9 to be considered; matter open on rival contentions.

Parties to the Case

Appellants / Petitioners

  • PRADEEP KUMAR .R

Respondents

  • Union of India, The Secretary, Ministry of Defence (Border Roads), Government of India, South Block, New Delhi-110 001
  • Director General of Border Roads, Seema Sadak Bhawan, Ring Road, Naraina, Delhi Cantt, New Delhi-110010
  • Officer Commanding, 531 SSTC (General Reserve Engineering Force), Pin-930 531, C/O 56 APO
  • Officer Commanding, 1082 Field Workshop (General Reserve Engineering Force), Pin-931 082, C/O 56 APO
  • Pay and Accounts Officer, (General Reserve Engineering Force), Dighi Camp, Pune, Maharashtra-410 015

Legal Representation & Advocates

Counsels for Petitioners

  • • Shri. U. Balagangadharan

Counsels for Respondents

  • • Smt. Mini Gopinath, CGC

Case Synopsis & Summary

The petitioner, Pradeep Kumar .R, an Upper Division Clerk in the General Reserve Engineering Force (GREF), challenges Ext.P15, an order issued by the Joint Director, directing that the period during which he pursued legal studies be regularized as Earned Leave/Half Pay Leave/Extra Ordinary Leave. He contends Ext.P15 is illegitimate because it bypasses the directions and observations in Ext.P9, a judgment of this Court in a prior writ petition (WPC 22668/2009), which had directed that the period of absence for study be regularized either as study leave or as “any other leave.” He argues the authority should first consider grant of study leave and only if that is not possible should it grant other leave. The respondents maintain Ext.P15 complies with Ext.P9, which did not mandate study leave but required regularization as eligible leave. The Court finds that Ext.P9’s overall reading contemplated first considering study leave and, if not possible, granting other leave. Ext.P15 fails to explain why study leave was not considered. While disposing of the petition, the Court relies on Mohinder Singh Gill and directs reconsideration by the competent authority, affording the petitioner an opportunity of hearing (physical or via video conferencing) within two months, and subject to appropriate final order. The matter remains open on rival contentions for appropriate adjudication by the competent authority.

Legal Doctrines & Maxims

  • Order must be supported by its contents and not by pleadings (Mohinder Singh Gill v. Chief Election Commissioner)
  • Audi alteram partem – opportunity of hearing before deciding (natural justice)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends Ext.P15 is improper and contrary to Ext.P9, which directed regularization of the period of absence for studies as either study leave or ‘any other leave’. He argues Ext.P15 grants other categories of leave without first considering study leave, and hence should be set aside; the competent authority should grant study leave for the period of legal studies, after due process and hearing.

Contentions of Respondents

The respondents contend Ext.P15 is consistent with Ext.P9’s directions; the court did not direct grant of study leave but to regularize the absence as eligible leave; Ext.P15 complies; thus the petition should be dismissed.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Mohinder Singh Gill v. Chief Election Commissioner1978 (1) SCC 405PositiveCited to emphasize that an order must be supported by its contents and not by pleadings; Ext.P15’s reasoning must be grounded in the actual order.
WPC 22668/2009WPC 22668/2009PositiveExt.P9 judgment (in WPC 22668/2009) is relied upon for directing regularization as study leave or other eligible leave; the present judgment uses its observations to reassess the authority’s action.

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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 DEVAN RAMACHANDRAN** **WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943** ## **WP(C).No.63 OF 2021(G)** ## **PETITIONER:** **PRADEEP KUMAR .R, AGED 47 YEARS, S/O LATE RAMACHANDRAN PILLAI, EX GS 176602 W ASSISTANT OF GREF, RESIDING AT MANNOOR KALEECKAL, KATTACHIRA, P.O.PALLICKAL, ALAPPUZHA-690 503.** **BY ADV. SHRI.U.BALAGANGADHARAN** ## **RESPONDENTS:** - **1 UNION OF INDIA, THE SECRETARY, MINISTRY OF DEFENCE (BORDER ROADS), GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110 001.** - **2 THE DIRECTOR GENERAL OF BORDER ROADS, SEEMA SADAK BHAWAN, RING ROAD, NARAINA, DELHI CANTT, NEW DELHI110 0010.** - **3 THE OFFICER COMMANDING, 531 SSTC (GENERAL RESERVE ENGINEERING FORCE), PIN-930 531, C/O 56 APO.** - **4 THE OFFICER COMMANDING, 1082 FIELD WORKSHOP (GENERAL RESERVE ENGINEERING FORCE), PIN-931 082, C/O 56 APO.** - **5 THE PAY AND ACCOUNTS OFFICER, (GENERAL RESERVE ENGINEERING FORCE), DIGHI CAMP, PUNE, MAHARASHTRA-410 015.** **R1-5 BY SMT.MINI GOPINATH, CGC** - **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON** - **31.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.63 OF 2021 2** ## **JUDGMENT** The petitioner is stated to be working as an Upper Division Clerk in the General Reserve Engineering Force (GREF for short); and he impugns Ext.P15 order of the 2[nd] respondent - Joint Director, which directs that the period availed of by him for the purpose study, leading to the Degree of LLB, be regularized as Earned Leave/Half Pay Leave/Extra Ordinary Leave. 2. The petitioner says that Ext.P15 is egregiously improper, since it runs counter to the declarations and views of this Court in Ext.P9 judgment, which he had obtained when, on an earlier occasion, his leave had been denied. He says that, as is evident from Ext.P9 judgment, this Court had directed the respondents to regularize the period during which he had absented from duty for the purpose of pursuing his education and to reckon it either as study leave or “any other leave”. ## **WP(C).No.63 OF 2021 3** 3. The petitioner asserts that what was intended by this Court in Ext.P9 was that the respondents ought to have considered grant of study leave to him at the first instance and only if it was not so possible, then to have considered “any other leave”. He says that, however, in Ext.P15, the Joint Director has straight away gone ahead and granted him other categories of leave, without being considering whether he is entitled to study leave. The petitioner, therefore, prays that Ext.P15 be set aside and the competent Authority be directed to grant him study leave for the period during which he had undergone legal studies. 4. In response to the submissions of the petitioner as made by Shri.U.Balagangadharan, the learned Central Government Counsel appearing for the respondents, Smt.Mini Gopinath, said that Ext.P15 is irreproachable, since, going by the directions in Ext.P9 judgment, the competent Authority was to ## **WP(C).No.63 OF 2021 4** consider how the period during which the petitioner had absented himself from duty, for the purpose of undergoing studies, ought to have been regularized. She submitted that, as is without doubt from the observations in the said judgment, this Court did not direct that the petitioner should be granted study leave, but only that the period during which he was absent from duty be regularized by granting him any eligible leave. She, therefore, prayed that Ext.P15 be not interdicted and that this writ petition be dismissed. 5. I have considered the afore rival contentions and have also examined Ext.P9 judgment very carefully. 6. It is evident from Ext.P9 judgment, that a learned Judge of this Court had specifically adverted to all the relevant factors and inputs to declare that the petitioner is eligible to have the period during which he pursued his legal studies to ## **WP(C).No.63 OF 2021 5** be regularized as study leave or “any other leave”. When one reads the judgment in its totality, it is limpid that what was intended by this Court was that the Authority must first consider whether the period in question could have been regularized as study leave and that if it was found not possible, then to grant 'any other leave' to the petitioner. 7. In such backdrop, when one assesses Ext.P15, it is perspicuous that the said order does not say anything about the study leave, but proceeds to order to treat the period in question as either Earned Leave, Half Pay Leave or Extra Ordinary Leave. This order is conspicuously absent as to why the period when the petitioner pursued his legal studies was not considered for grant of study leave; and this Court is, therefore, not in a position to clearly understand the mentation of the Authority in having issued the said order. 8. Perhaps discerning my mind as afore, ## **WP(C).No.63 OF 2021 6** Smt.Mini Gopinath, learned Central Government Counsel, requested that the respondents be granted some time to file counter pleadings; but I am of the view that it would not be necessary because, it is now well settled without requirement for restatement, that an order will have to be supported by its contents and not by pleadings to be filed before this Court, when it is assailed through a subsequent judicial proceeding. (See for support **Mohinder Singh Gill v. Chief Election Commissioner [1978 (1) SCC 405]).** 9. I am, therefore, of the firm view that the matter will have to be reconsidered by the competent Authority, adverting to the observations in Ext.P9 judgment and after affording an opportunity of being heard to the petitioner. Resultantly and for the reasons above, I allow this writ petition and set aside Ext.P15; with a consequential direction to the ## **WP(C).No.63 OF 2021 7** competent respondent to reconsider the petitioner's request for study leave, adverting specifically to the observations and directions in Ext.P9 judgment and after affording an opportunity of being heard to the petitioner – either physically or through video conferencing – thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. I, however, clarify that I have not spoken affirmatively about any of the rival contentions and that they are all left open to be considered appropriately by the competent Authority. This writ petition is thus disposed of. ## **Sd/-** ## **DEVAN RAMACHANDRAN** ## **JUDGE** **MC/13.4.2021** **WP(C).No.63 OF 2021 8** ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE LETTER OF THE PETITIONER DATED 20.6.2007 WITH MINUTES RECORDED BY THE OFFICERS** - **EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 5.5.2008 OF THE SECOND RESPONDENT** - **EXHIBIT P3 A TRUE COPY OF THE LETTER OF RECOMMENDATIONS DATED 27.5.2008 OF THE SECOND RESPONDENT** - **EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION DATED 15.7.2008 OF THE FIRST RESPONDENT** - **EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 6.8.2008 OF THE FIRST RESPONDENT** - **EXHIBIT P6 A TRUE COPY OF LETTER DATED 8.10.2008 OF THE SECOND RESPONDENT ADDRESSED TO FIRST RESPONDENT** - **EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 24.10.2008 OF THE FIRST RESPONDENT** - **EXHIBIT P8 A TRUE COPY OF INTERIM ORDER DATED 10.8.2009 OF THIS HONOURABLE COURT IN WPC NO 22668/2009 WITH TYPED COPY** - **EXHIBIT P9 A TRUE COPY OF JUDGMENT DATED 3.7.2014 OF THIS HON'BLE COURT IN WPC NO 22668/2009** - **EXHIBIT P10 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.3.2015 ISSUED BY THE FIRST RESPONDENT** - **EXHIBIT P11 A TRUE COPY OF OFFICE MEMORANDUM DATED 11.9.2015 OF THE FIRST RESPONDENT** - **EXHIBIT P12 A TRUE COPY OF THE RECOMMENDATION DATED 29.5.2015 ISSUED BY THE SECOND RESPONDENT** - **EXHIBIT P13 A TRUE COPY OF THE PROPOSAL DATED 3.6.2015 OF THE SECOND RESPONDENT** - **EXHIBIT P14 A TRUE COPY OF LETTER DATED 18.8.2017 OF THE SECOND RESPONDENT** - **EXHIBIT P15 A TRUE COPY OF THE LETTER DATED 3.4.2019 OF THE SECOND RESPONDENT**