PAUL SIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) A retired District Judge who was appointed as Member of Advisory Board, Kerala Anti-Social Activities (Prevention) Act (for short "KAA(P)A) has filed this writ petition challenging Ext.P3 order complaining that denial of the full salary towards earned leave surrender is illegal.

(2.) Petitioner retired as a District Judge on 30.06.2010. He was appointed as the Member of the Advisory Board under the KAA(P)A as per Ext.P1 order on 29.01.2013 for a period of three years. The conditions of service of the members of KAA(P)A are governed by the Kerala Anti-Social Activities (Prevention) Advisory Board (Chairman, Members, Staff Members Service Conditions) Rules, 2011, which are framed under section 8(3) of KAA(P)A 2007. Rule 6 provides for the pay, allowances and other conditions of service of the Chairman and the members. Rule 6(2) reads as follows:

(3.) The petitioner submitted application for surrender of earned leave for a period of 30 days as on 01.09.2014. Respondents authorised only a sum of Rs.95, 165/-. Thereupon petitioner submitted Ext.P5 representation stating that he is entitled to get the preretirement pay without any deduction. He stated that his pay is regulated under rule 100 of Part III KSR and the pay on reemployment is calculated after deducting the pension amount from the salary. It was stated that the payment due on surrender of earned leave cannot be reduced from the present salary because "earned leave means leave earned in respect of period spent on duty". Petitioner points out that since the period of earned leave which is surrendered does not attract pension, no deduction can be made from the amount due to him on its surrender. It was also pointed out that rule 12 (24 ) of Part I KSR which defines pension does not include the amount due on account of the surrender of earned leave and there is no provision in rule 100 which stand in the way of drawing the entire amount of pay i.e along with pension, towards surrender of earned leave. It was pointed out that the payment which is due on account of surrender of earned leave is over and above the 12 months salary and therefore pension cannot be deducted from that.