Disposed

C.Narayanan Namboothiri v. State of Kerala

Kerala HC13 Jul 2010WP(C)/19704/2009

Case brief

AI extract

What is this about?

Petitioners, employees of Chirakkal Kovilakam Devaswom, sought payment of withheld salary and arrears. The court directed the Commissioner of Malabar Devaswom Board to expedite the pending application regarding payment from management funds within four weeks to facilitate wage disbursement.

What did the court decide?

Commissioner directed to decide pending application for management fund payment within 4 weeks; payment to be made thereafter.

C.Narayanan Namboothiri Vs State of Kerala — Service and Employment | 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 13TH JULY 2010 / 22ND ASHADHA 1932

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WP(C).No. 19704 of 2009(G)

PETITIONER(S):

C.N. NARAYANAN NAMBOOTHIR,MELSANTHI, KARIVELLUR SHIVA SKHETRA,KARIVELLUR P.O.,KANNUR D

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V.M. SANJAYAKUMAR, KAZHAKAM, KARIVELLUR SHIVA SKHETRA,KARIVELLUR P.O.,KANNUR D

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V.K. KUNHIKANAMARA, VADHYAM, KARIVELLUR SHIVA SKHETRA,KARIVELLUR P.O.,KANNUR D

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THIYAPALLIL LAKSHMIAMMA, ADICHUTHALI, KARIVELLUR SHIVA SKHETRA,KARIVELLUR P.O.,KANNUR D

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KOTTOL KANDATHAIL DEVAKI, ADICHUTHALI, KARIVELLUR SHIVA SKHETRA,KARIVELLUR P.O.,KANNUR D

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BY ADV. SRI.J.JULIAN XAVIER

SRI.FIROZ K.ROBIN

RESPONDENT(S):

STATE OF KERALA, REP. BY ITS SECRETARY TO REVENUE (DEVASWOM), THIRUVANANTHAPURAM.

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MALABAR DEVASWOM BOARD, KOZHIKODE, REPRESENTED BY ITS COMMISSIONER.

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ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, KASARGOR, NILESHWAR P.O.,

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EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM DEVASWOM, CHIRAKKAL P.O., KANNUR.

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ADV. SMT.VIDYA GOPINATH FOR R4

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SRI.A.C.VENUGOPAL FOR R4

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SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R2 & 3 GOVT. PLEADER SRI. ANTONY MUKKATH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, n ALONG WITH WPC NO. 22622 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(c).No.18704/09

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APPENDIX

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Ext.P1. True copy of the order dated 28.2.2009 issued by the Ist respondent.

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Ext.P2. True copy of the revised pay scale of the petitioners.

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Ext.P3. True copy of the undertaking received by the 4^th respondent form one of the employees under the Chowa Shiva Skhetra

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// true copy//

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P.S to Judge.

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ANTONY DOMINIC, J.

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--------------------------------------------------

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W.P.(C) Nos.19704/2009 & 22622/2009 -------------------------------------------------Dated this the 13^th day of July, 2010

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J U D G M E N T

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The employees of Chirakkal Kovilakam Devaswom are the petitioners herein. Their grievance is that only 50% of the salary is being paid and that arrears should be paid to them.

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Counsel for the Devaswom points out that 70% of the wages is to be paid out of the management fund of the Devaswom and the 30% is to be paid by the Devaswom. It is stated that in order to enable the Devaswom to pay out of the management funds, petitioners have already moved the Commissioner, 2^nd respondent in these writ petitions. It is stated that orders are awaited on these applications and that once orders are obtained, payment will be made.

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As at present , for the Devaswom to make payments out of the management funds, orders of the Commissioner will have to be obtained. Since applications made in this behalf are pending before the Commissioner, at this stage the only course open is to direct the Commissioner to take a decision on the application. This

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WPC.Nos. 19704/09 & 22622/09

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:2 :

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the Commissioner shall do as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment and on the bass of the orders passed, payment shall be made without any delay.

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Writ Petitions are disposed of as above.

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(ANTONY DOMINIC) JUDGE

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vi/

C.Narayanan Namboothiri v. State of Kerala

Case brief

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C.Narayanan Namboothiri v. State of Kerala

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