SABU VARGHESE Vs. COCHIN PORT TRUST

JUDGEMENT

(1.) The present writ appeal is directed against the judgment of the Single Bench whereby the leave granted to the appellant - petitioner vide Exts.P1, P2 and P3 on 28/7/2010, 17/7/2012 and 19/7/2014 for the period mentioned therein after a gap of almost three(3) years of first leave has been recalled on the premise that it was done inadvertently and there was a rectification of the mistake as it could not have been considered as eligible leave but should have been extra ordinary leave without medical certificate, therefore, the employee was not entitled to the increment as per the Fundamental Rule 26. Learned Single Bench did not accept the aforementioned challenge and dismissed the writ petition.

(2.) Learned counsel appearing on behalf of the appellant - petitioner submitted that appellant - petitioner had taken the leave without pay for two(2) years on 28/7/2010, another two(2) years on 17/7/2012 and then on 19/7/2014. Without complying with the principles of natural justice the respondent had an audacity in sending the impugned order Ext.P7 deferring the increment as well as deducting the amount of half pay leave and earned leave in terms of money. In support of the contention relied upon the Division Bench judgment of High Court of Himachal Pradesh in S.R.Mehrotra v. H.P.University Through Registrar [1987 0 Supreme(HP) 83] to contend that once the leave is sanctioned cannot be cancelled or varied retrospectively without affording an opportunity of hearing. In the instant case is also learned Single Bench completely swayed away from the fact that no opportunity of hearing was granted. Even otherwise, once leave was granted the error as attempted to be rectified could not have been done as is against the doctrine and principles of estoppel.

(3.) On the other hand, learned counsel appearing on behalf of the respondents submitted that the mistake can always be rectified. Show cause notice could not be given as the appellant - petitioner was residing in Ireland. But the order Ext.P7 was also sent through e-mail. It was in accordance with Clause 28 of Chapter 4 of Cochin Port Employees (Leave) Regulations, 1978, as well Rule 26 of Fundamental Rules.