Disposed

Alexander Zacharias v. State of Kerala

Kerala HC24 Oct 2011WP(C)/35814/2004

Case brief

AI extract

What is this about?

Disposes of a writ petition seeking regularization and charge allowance by directing parties to implement the terms of a previous judgment and conduct further proceedings regarding full additional charges.

What did the court decide?

Directed first respondent to dispose of petitioners' representation within three months after personal hearing; fourth respondent to deduct any allowance already paid.

Alexander Zacharias Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2011)

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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 B.P.RAY

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MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933

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WP(C).No. 35814 of 2004(L)

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

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PETITIONER(S) :

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

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1. ALEXANDER ZACHARIAS, INSTRUCTOR-INCHARGE OF PRINCIPAL, FOOD CRAFT INSTITUTE EXTENSION CENTRE, KOZHIKODE.

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2. JACOB MATHAN JACOB, INSTRUCTOR INCHARGE OF PRINCIPAL, FOOD CRAFT INSTITUTE EXTENSION CENTRE, THIRUVANANTHAPURAM.

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BY ADVS. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.V.V.MATHEW

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RESPONDENT(S) :

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

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. SECRETARY TO GOVERNMENT, (CHAIRMAN FOOD CRAFT INSTITUTE(KERALA) SOCIETY), DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM- 695 023.

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4. FOOD CRAFT INSTITUTE (KERALA) SOCIETY, REPRESENTED BY SECRETARY, FOOD CRAFT INSTITUTE (KERALA) SOCIETY, KALAMASSERY, ERNAKULAM-683 104

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5. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF FOOD, AGRICULTURE, COMMUNITY DEVELOPEMENT AND CO-OPERATION (DEPARTMENT OF FOOD) NEW DELHI.

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R1 TO R3 BY GOVT. PLEADER SRI. REJI JOSEPH. R4 BY SENIOR ADV. SRI.N.N.SUGUNAPALAN. R5 BY ADV. SRI.P.K.MOHAMMED PUZHAKKARA, ADDL.CGSC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.C. NO. 35814/2004

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APPENDIX

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PETITIONER(S) ESHIBITS :

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EXT. P1 : COPY OF THE ORDER NO.C-39/94/389 DATED 20.04.1994 OF THE 4TH RESPONDENT.

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EXT. P2 : COPY OF THE REPORT OF TRANSFER OF CHARGE DATED 30.04.1994.

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EXT. P3 : COPY OF ORDER NO.C-18/95/370 DATED 17.04.1995 OF THE 4TH RESPONDENT.

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EXT. P4 : COPY OF REPORT OF TRANSFER OF CHARGE DATED 27.04.1995

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EXT. P5 : COPY OF REPRESENTATION DATED 14.03.1996 SUBMITTED BY THE 2ND PETITIONER TO THE 4TH RESPONDENT.

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EXT.P6 : COPY OF THE REPRESENTATION DATED 14.12.1998 SUBMITTED BY THE

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1ST PETITIONER TO THE 1ST RESPONDENT.

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EXT.P7 : COPY OF THE REPRESENTATION DATED 16.08.01 OF THE FIRST PETITIONER ADDRESSED TO THE 3RD AND 4TH RESPONDENTS.

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EXT. P8 : COPY OF THE REPRESENTATION DATED 9.10.03 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT.

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EXT.P9 : COPY OF THE REPRESENTATION DATED 13.10.03 OF THE 2ND PETITIONER ADDRESSED TO THE 4TH RESPONENT.

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EXT. P10 : COPY OF THE REPRESENTATION DATED 23.04.04 OF THE FIRST PETITIONER ADDRESSED TO THE 2ND RESPONDENT.

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EXT. P11 : COPY OF THE JUDGEMENT DATED 14.08.2000 IN OP.NO.4251 OF 1991-F.

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EXT.P12 : COPY OF G.O.(RT)NO.749/03/PWD DATED 4.08.03.

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RESPONDENT'S EXHIBITS : NIL

/ TRUE COPY /

P..A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.35814 of 2004

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Dated this the 24^th day of October, 2011.

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JUDGMENT

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The petitioners who are instructors in charge of Principal in the Food Craft Institute (Kerala) Society, have filed this writ petition with the following prayers:

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Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to appoint/regularise the petitioners in the post of Principal in FCI Society with effect from the date from which they are holding full additional charge in the post of Principal with all attendant benefits; or

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Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to sanction and pay special pay/additional pay/charge allowance not less than 20% of the basic pay for holding full additional charge in the post of Principal for the period from 28.07.1995 and 01.08.1994 respectively onwards, with 12% interest per annum thereon from the dates from which it is due.

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The learned counsel for the petitioner states that he is not pressing the first prayer and that by judgment dated 14.08.2000 in O.P. No. 4251 of 1991, a Division Bench of this Court held that the petitioners are entitled to charge allowance at the rate of 20% of their basic pay. The petitioners shall make a representation to the first respondent along with a copy of the judgment. If such a representation is filed within six weeks from today, the first respondent shall dispose of the same within three months from the date of receipt of the representation after giving personal hearing to the petitioners.

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W.P.(C) No. 35814/2004

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-:2:-

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The learned counsel for the 4th respondent submits that some charge allowance has been paid to the petitioners. If that be so, the same shall be deducted while finalising the matter.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 35814/2004

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-:3:-

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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Dated this the 20^th day of September, 2011.

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JUDGMENT

Alexander Zacharias v. State of Kerala

Case brief

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Alexander Zacharias v. State of Kerala

Case brief

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