In a writ petition regarding pay fixation, the High Court of Kerala made an interim order directing respondents to pay amounts within one month, pending final hearing and counter affidavits.
Direction to competent authority to pay amounts as per interim order within one month; refusal of request for time to file counter affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931
WP(C).No. 10745 of 2006(D)
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PETITIONER:
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T.SREEDHARAN, SENIOR SUPERINTENDENT (WORKSHOP) (RETIRED), CALICUT AIR PORT, NOW RESIDING AT KOYILOTH MEETHAL HOUSE, KANNOOKKARA, VIA.MADAPPILLY COLLEGE, VADAKARA, KOZHIKODE DISTRICT.
BY ADVS. MR.K.D.BABU, MR.T.V.VENUGOPALAN (ALUVA).
RESPONDENTS:
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1. AIR PORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, RAJIV GANDHI BHAVAN, NEW DELHI-03.
2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF CIVIL AVIATION, NEW DELHI.
3. THE REGIONAL EXECUTIVE DIRECTOR, AIR PORT AUTHORITY OF INDIA, CHENNAI-27.
4. THE AIR PORT DIRECTOR, CALICUT AIR PORT, P.O.CALICUT AIR PORT - 673 647.
R1, R3 & R4 BY MR. N.N. SUGUNAPALAN, S.C, R2 BY MR.P.PARAMESWARAN NAIR,ASST.S.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C). NO.10745/2006-D:
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P.1: COPY OF THE ORDER OF PROMOTION DTD. 14/10/1985.
EXT.P.2: COPY OF THE ORDER OF PROMOTION AS E & M SUPERVISOR DTD. 26/06/1992.
EXT.P.3: COPY OF THE FIXATION STATEMENT SHOWING FIXATION OF PAY CONSEQUENT UPON PROMOTION, DTD. 23/01/1993 ISSUED TO THE PETITIONER, BY AERODROME OFFICER, CALICUT AIRPORT.
EXT.P.4: COPY OF THE FIXATION ORDER DTD. 09/07/1996, ISSUED BY THE AIRPORTS AUTHORITY OF INDIA, CALICUT.
EXT.P.5: COPY OF THE PAY SLIP FOR THE MONTH OF AUGUST 1996, ISSUED BY THE SENIOR ACCOUNTS OFFICER, AIRPORTS AUTHORITY OF INDIA, CALICUT.
EXT.P.6: COPY OF THE REPRESENTATION DTD. 19/03/1998 FROM THE PETITIONER TO CHAIRMAN, AIRPORTS AUTHORITY OF INDIA.
EXT.P.7: COPY OF THE LETTER DTD 22/06/1999 FROM SRI. JANARDHANAN, ASST. MANAGER, CLAICUT AIR PORT AUTHORITY TO THE PETITIONER.
EXT.P.8: COPY OF THE O.M. FOR FIXATION UNDER FR 22 C. DTD. 09/08/1988.
EXT.P.9: COPY OF THE REPRESENTATION DTD. 06/12/2004 TO THE CHAIRMAN, AIRPORTS AUTHORITY OF INDIA, NEW DELHI FROM PETITIONER.
EXT.P.10: COPY OF THE REMINDER DTD. 06/09/2005 TO THE CHAIRMAN, AIRPORTS AUTHORITY OF INDIA, NEW DELHI.
EXT.P.11: COPY OF THE CIRCULAR NO. NGE/95/1988 NO. 1030 NO. 1030/NO.2/10-88 ISSUED FROM THE OFFICE OF CONTROLLER AND AUDITOR GENERAL OF INDIA, NEW DELHI DTD. 01/11/1988.
RESPONDENTS' EXHIBITS:
EXT.R1.A: COPY OF THE STATEMENT OF PAY FIXATION.
EXT.R1.B: COPY OF THE AUTHORIZED STATEMENT OF PAY FIXATION.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
K.BALAKRISHNAN NAIR, J. -----------------------------W.P.(C) No.10745 of 2006-D
Dated this the 25th day of June, 2007.
O R D E R
Heard. The first respondent was granted time to file counter affidavit, on 8-3-2007, as last chance. On that day, the case was posted to 19-32007. On the said date, counter affidavit was not filed. So, the case was posted after vacation. Again, when the writ petition came up on 30-5-2007, it was posted after three weeks with a direction to file counter affidavit. Today, again the first respondent pray for time for filing counter affidavit. The said prayer cannot be granted because of the direction given by this Court on 8-3-2007. Unless the said order is recalled or the direction issued on 30-5-2007 is modified, further time cannot be granted. Accordingly, the interim order as prayed for is issued. The competent authority among the respondents shall pay the amounts as per the interim order of this Court, within one month, to the petitioner. If the first respondent have any objection in paying the amount, it may file counter affidavit, after moving for modification of the earlier order and seeking time for filing counter affidavit.
K.BALAKRISHNAN NAIR, JUDGE.
MS
T.Sreedharan, Senior Superintendent (Retired)
Airport Authority of India
Union of India
Regional Executive Director, Airport Authority of India, Chennai
Airport Director, Calicut Airport
V.K. MOHANAN
K. BALAKRISHNAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
