Disposed

N.K.Vijayakumar v. State of Kerala

Kerala HC11 Jan 2008WP(C)/1410/2008

Case brief

AI extract

What is this about?

The court treated an audit objection regarding pay fixation as a show cause notice. The petitioner must file objections before the Deputy Director within a month. Recovery shall not be effected until a decision is made following these procedures.

What did the court decide?

Exhibit P2 treated as show cause notice; objections to be filed within one month; recovery stayed pending decision.

N.K.Vijayakumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929

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WP(C).No. 1410 of 2008(P)

PETITIONER:

N.K.VIJAYAKUMAR,S/O.N.K.AYYAPPAN'JUNIOR HEALTH INSPECTOR GRADE I, THRISSUR CORPORATION

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BY ADV. SRI.K.MOHANAKANNAN

SMT.A.R.PRAVITHA

RESPONDENTS:

STATE OF KERALA,REP. BY SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM.

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DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM.

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DEPUTY DIRECTOR LOCAL FUND AUDIT,THRISSUR CORPORATION.

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BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO GOVERNMENT PLEADER SRI. BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI,J.

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W.P ( C) No. 1410 of 2008

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Dated this the 11^th January, 2008

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J U D G M E N T

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Petitioner is working as Junior Health Inspector Gr.I. According to him, he was originally appointed on a provisional basis in the same post in the Health Department on 27.10.1986. He submits that his service on a provisional basis prior to his absorption in regular service was taken into account for fixing his scale of pay under Exhibit P2. This is evidenced by Exhibit P2.

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Apparently, an audit objection was raised in relation to Exhibit P2 vide Exhibit P3 and recovery was ordered from the petitioner. Exhibit P3 is a communication from the Deputy Director of Local Fund Audit, Corporation Audit, Thrissur where the petitioner currently works. A copy of the writ petition has been served on Sri.K. B.Mohandas, standing counsel for the Thrissur Corporation. I heard Mr.K.B. Mohandas also.

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In my view, in so far as the petitioner is concerned, the fixation of pay in the post of Junior Health Inspector Gr.I taking note of his earlier provisional service cannot be revoked unless the petitioner is given an opportunity to submit an objection to any such proposal.

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W.P ( C) No. 1410 of 2008

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In the result, this writ petition is disposed of in the following terms: Exhibit P2 shall be treated as show cause notice and the petitioner shall file objections thereto before the Deputy Director of Local Fund Audit - the 3rd respondent, within a period of one month from today and thereupon, the 3rd respondent shall take a decision on the petitioner’s objections in the light of Exhibit P4 judgment as well as the judgment in State of Kerala Vs. Ponnamma [2005 (4) KLT 987], within a period of two months thereafter. Recovery pursuant to Exhibit P3 shall not be effected from the petitioner’s salary till a decision is taken by the Deputy Director in the manner aforementioned. The Deputy Director shall give notice of the proceedings to be passed to the representative of the Trichur Corporation before a decision is taken in this regard.

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(V.GIRI, JUDGE)

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W.P ( C) No. 1410 of 2008

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K.THANKAPPAN,J

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CRL.A. NO.92 OF 1999

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ORDER

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W.P ( C) No. 1410 of 2008

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25^th May, 2007

N.K.Vijayakumar v. State of Kerala

Case brief

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N.K.Vijayakumar v. State of Kerala

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