Disposed

E.P.Radha v. State of Kerala

Kerala HC3 Aug 2010WP(C)/15027/2009

Case brief

AI extract

What is this about?

This writ petition challenged the order transferring the petitioner as Joint Superintendent from Kozhikkode to Wayanad. The court directed the third respondent to ensure payment of admissible salary for specific periods and issue a last pay certificate to facilitate payment in the new office.

What did the court decide?

The respondent-3 shall ensure payment of admissible salary for June 2009 and from February 2010 to June 19, 2010, and shall issue the last pay certificate upon production of a copy of this judgment.

E.P.Radha Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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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 ANTONY DOMINIC

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TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932

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WP(C).No. 15027 of 2009(W) --------------------------

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PETITIONER(S):

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E.P.RADHA, JUNIOR SUPERINTENDENT, PRINCIPAL AGRICULTURAL OFFICE, KOZHIKODE (UNDER ORDERS OF TRANSFER TO THE PRINCIPAL AGRICULTURAL OFFICE, WAYANAD).

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BY ADV. SRI.N.RAGHURAJ

SMT.K.AMMINIKUTTY

RESPONDENT(S):

THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM.

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THE PRINCIPAL AGRICULTURAL OFFICER, PRINCIPAL AGRICULTURAL OFFICE, KOZHIKODE.

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E.M.RAJAN, JUNIOR SUPERINTENDENT, PRINCIPAL AGRICULTURAL OFFICE, WAYANAD (UNDER ORDERS OF TRANSFER TO THE PRINCIPAL AGRICULTURAL OFFICE, KOZHIKODE).

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WILFRED JOHN, JUNIOR SUPERINTENDENT, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM.

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ADV. SRI.P.K.RAMKUMA R FOR R4

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MR.ANTONY MUKKATH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.15027/2009

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APPENDIX

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PETITIONER'S EXHIBITS

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P1 : COPY OF ENQUIRY REPORT OF THE VIGILANCE OFFICER (FINANCE) & SECRETARY, SPECIAL VIGILANCE CELL, DIRECTORATE OF AGRICULTURE, THIRUVANANTHAPURAM.

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P2 : COPY OF GO(P) NO.11/90/P&ARD DATED 05/05/1990.

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P3 : COPY OF THE PROCEEDINGS OF R2 BEARING ORDER NO.BA(2) 3347/09 DATED 28/05/2009.

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P4 : COPY OF GO(P) NO.12/04/P&ARD DATED 10/09/2004.

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P5 : COPY OF RELEVANT PAGE OF ATTENDANCE REGISTER.

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P6 : COPY OF RELEVANT PAGE OF ATTENDANCE REGISTER.

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P7 : COPY OF ORDER DATED 03/06/2009.

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P8 : COPY OF ORDER BEARING NO.SA(2) 3347/09 DATED 15/07/2009.

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P9 : COPY OF MEDICAL CERTIFICATE.

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P10 : COPY OF PROCEEDINGS ISSUED BY R3 DATED 19/06/2010.

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RESPONDENT'S EXHIBITS

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R1(a) : CIRCULAR NO.SA(2) 3347/09 DATED 27/01/2009.

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R1(b) : COPY OF ORDER OF GENERAL TRANSFER 2009.

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R4-1 : COPY OF ATTENDANCE REGISTER HAVING 9 PAGES FOR THE MONTHS OF MAY & JUNE 09 OF THE PRINCIPAL AGRICULTURAL OFFICE, KOZHIKKODE.

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R4-2 : COPY OF PROCEEDINGS OF THE PRINCIPAL AGRICULTURAL OFFICER, WAYANAD TRANSFERRING THE PETITIONER DATED 30/05/09.

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R4-3 : COPY OF PROCEEDINGS OF THE PRINCIPAL AGRICULTURAL OFFICER, KOZHIKKODE DATED 03/06/09.

//TRUE COPY//

PA TO JUDGE.

ANTONY DOMINIC, J.

W.P.(C.) No.15027 of 2009 (W)

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Dated, this the 3^rd day of August, 2010

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J U D G M E N T

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The petitioner was working as a Junior Superintendent in the Office of the Principal Agricultural Officer, Kozhikkode. By Ext.P3 order dated 28/05/2009 she was transferred to the Office of the Principal Agricultural Officer, Wayanad. It was challenging that order, this writ petition has been filed. On the basis of the interim orders passed by this Court, the petitioner continued at the Office of the Principal Agricultural Officer, Kozhikkode. Meanwhile, by order dated 27/05/2010, she has been promoted as Senior Superintendent and posted to the Office of the Director of Agriculture. In pursuance to the above, by Ext.P10 order dated 19/06/2010 she has been relieved from the Office of the Principal Agricultural Officer, Kozhikkode.

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Now one of the surviving grievances of the petitioner is that for the month of June, 2009 and for the period from February, 2010 till she was relieved on 19/06/2010, she has not been paid

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WP(C) No.15027/2009

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-2-

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salary. It is seen that during the prior periods also when she had similar complaints, she had to obtain orders of this Court and to get her salary. Consistent with the previous orders, it is directed that for the aforesaid period, if salary has not been paid, the 3^rd respondent will ensure that the admissible amount of salary is paid to the petitioner.

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The other grievance of the petitioner is that though she joined in pursuance to Ext.P10 order, she has not been paid salary in the Office of the 2^nd respondent. This, according to the petitioner, is for the reason that her last pay certificate has not been issued by the 3^rd respondent. Taking into account this grievance, it is directed that on the production of a copy of this judgment, the 3^rd respondent will issue last pay certificate to the petitioner, in order to enable the petitioner to submit the same before the 2^nd respondent and get her salary disbursed.

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With these directions, this writ petition is closed.

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(ANTONY DOMINIC, JUDGE)

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E.P.Radha v. State of Kerala

Case brief

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E.P.Radha v. State of Kerala

Case brief

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