LAWS(KER)-1981-7-59

E.C. JOY Vs. THE PRINCIPAL, BHARATHAMATHA COLLEGE

Decided On July 14, 1981
E.C. Joy Appellant
V/S
The Principal, Bharathamatha College Respondents

JUDGEMENT

(1.) Generosity is a virtue, niggardliness not. But could you be generous with others' money This seems to be the dilemma in which the 1st respondent Principal, Bharatha Matha College, Thrikkakara and its Management appear to have fallen in denying to the petitioner, a priest, who was on the staff of the College, half pay for two admitted holidays - Saturday and Sunday.

(2.) The petitioner is a Lecturer in Physics. He applied for half pay leave on 31st January, 1980 on medical grounds from 1st February, 1980 to 20th March, 1980. Along with his leave application he produced a medical certificate issued by a private medical practitioner. Leave was sanctioned only for 15 days, i.e., from 1st February, 1980 to 15th February, 1980. He was informed by the Manager on 11th February, 1980 that if he wanted extension of leave he should produce a medical certificate from an E.N.T. Surgeon. On 28th March, 1980 the petitioner came to know that the entire leave applied for was not sanctioned to him. He therefore submitted a representation to the Manager, Bharatha Matha College, to which he received a notice dated 31st March, 1980 from the Manager asking for his explanation for his absence without leave for the period from 18th February, 1980 to 28th March, 1980. He sent Ext. P-3 letter to the 1st respondent requesting him to draw the salary and disburse the same for the period from 1st February, 1980 to 28th March, 1980. Not being favoured with a reply, he has moved this Court with a prayer to issue a writ of mandamus to direct the respondents to disburse him the half pay and other allowances admissible for the period from 1st February, 1980 to 28th March, 1980 and full pay and allowances admissible for the period from 29th March, 1980 to 31st March, 1980.

(3.) I have deliberately refrained from adverting to the other facts of the case because they are not strictly necessary for a disposal of this petition. Respondents 2 and 3 are respectively Director of Collegiate Education and the Deputy Director of Collegiate Education. Ultimately, the Management took a lenient view and treated his overstayal from 18th February, 1980 to 28th March, 1980 as half pay leave.