SABU VARGHESE Vs. THE COCHIN PORT TRUST

JUDGEMENT

(1.) Petitioner, who was working as a Senior Operator cum Input/Out put Assistant in the Cochin Port Trust, is aggrieved by the orders Exts.P7, P9 and P15 by which the eligible leave granted to him was cancelled, treating it as Extra Ordinary Leave without MC (Medical Certificate) and he was directed to refund a sum of Rs.1,62,644/- which was recovered from him.

(2.) As per Ext.P1 order dated 28.07.2010, petitioner was permitted to go to Ireland for joining his family by availing 2 years of eligible leave with effect from the second week of August, 2010. Accordingly, he availed that leave for the period from 27.08.2010 to 25.06.2012. After rejoining duty, he was again permitted to join his family at Ireland, as per Ext.P2 order dated 17.07.2012 and he availed leave for the period from 23.07.2012 to 21.06.2014. Thereafter, as per Ext.P3 order dated 19.07.2014, he was again permitted to join his family by availing 2 years of eligible leave with effect from 3 rd week of July 2014 and he availed leave from 22.07.2014 onwards. All these orders sanctioning leave were issued by the Financial Advisor and Chief Accounts Officer.

(3.) Whileso he received Ext.P4(a) letter dated 29.11.2014 from the Deputy Chief Accountant SR- II (ADMN), directing him to rejoin duty immediately. By another letter issued on 04.12.2014, he was informed that his last spell of leave was not approved. He was thereafter directed to join immediately. As per Ext.P4(c) dated 23.12.2014 he was again directed to join duty without further delay. Thereupon petitioner as per Ext.P5 letter dated 17.12.2014 requested the Chairman of the Cochin Port Trust to grant him permission to stay in Ireland with his family till the expiry of period for which leave was already sanctioned. He stated that his wife had signed a bonded contract to work as a Nurse for 2 years with an employer in Ireland and they had leased out a house for a period of 2 years; he had to look after his children who are studying in a school there, as there is nobody there when his wife leaves for work. By another letter Ext.P6 dated 09.01.2015 he requested the Chairman to grant him joining time till April 2015, pointing out the difficulties to shift the family to Cochin.