Disposed

P.Narayanan Namboodiri v. State of Kerala and Others

Kerala HC2 Nov 2011WP(C)/5994/2011

Case brief

AI extract

What is this about?

In a writ petition, the Kerala High Court directed the Devaswom Board and respondents to release arrears of salary due to the petitioner within two weeks. The court noted the previous Manager's failure to perform duties and the appointment of a new Manager.

What did the court decide?

Direction to release entire arrears of salary payable to the petitioner forthwith, within two weeks.

P.Narayanan Namboodiri Vs State of Kerala and… — 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 P.R.RAMACHANDRA MENON WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933

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WP(C).No. 5994 of 2011(Y)

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PETITIONER:

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P.NARAYANAN NAMBOODIRI, S/O.SANKARAN NAMBOODIRI, AGED 56 YEARS, PRIEST, PRAYANGODE SIVA KSHETRAM, KANNAPURAM, CHUNDA, P.O MOTTAMMAL,(VIA) CHERUKUNNU, KANNUR DISTRICT.

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BY ADVS. SRI.E.N.VISHNU NAMBOODIRI, SRI.S.P.SURESH KUMAR

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RESPONDENTS:

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1. STATE OF KERALA,REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM ,PIN 695 001.

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2. THE COMMISSIONER,MALABAR DEVASWOM BOARD, KOZHIKODE, PIN - 673 612.

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3. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, THALASSERY, PIN- 670 001,

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4. THE MANAGER, NADUVIL MADAM DEVASWOM, PALGHAT- 678 551.

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R1 BY GOVT. PLEADER SRI. A.J. JOSE EDOYODI, R2 & R3 ADV. SRI.K.MOHANAKANNAN,S.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.5994/2011-Y:

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 17/12/2004 ISSUED BY THE R.4.

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EXT.P.2: COPY OF THE REPRESENTATION DTD. 07/08/2008 SENT BY THE PETITIONER TO THE RESPONDENTS.

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EXT.P.3: COPY OF THE REPRESENTATION DTD. 06/01/2009 FILED BY THE PETITIONER BEFORE THE ADALATH.

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EXT.P.4: COPY OF THE REPRESENTATION DTD. 17/02/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2.

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RESPONDENTS' EXHIBIT:-

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EXT.R2.A: COPY OF THE REPORT OF THE ASST. COMMISSIONER DT. 20/08/2010.

//TRUE COPY//

P.S. TO JUDGE

Prv.

P.R. RAMACHANDRA MENON, J.

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W.P.(C).NO.5994 OF 2011

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Dated this the 2^nd day of November, 2011.

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JUDGMENT

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The petitioner has approached this Court for a direction

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to be given to the respondents to disburse the arrears of salary and such other amounts due to the petitioner in respect of his service. Learned standing counsel for the Board submits that the delay occurred was only due to some unforeseen circumstances and that there was no proper Manager to have the issue considered and dealt with.

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The learned standing counsel for the Devaswom Board submits that it is for the 4^th respondent, to make payment of salary to the petitioner. It has been found that the 4^th respondent was not discharging his duties and that Ext.R2(a) proceedings have been initiated against the 4^th respondent. On the basis of Ext.R2(a) report, the Board is contemplating action against the 4^th respondent to set things right.

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It is for the 2^nd respondent to take immediate action as is necessary, in accordance with law, for efficient and proper administration, if the 4^th respondent is not discharging

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W.P.(C).NO.5994 OF 2011

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: 2 :

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his duties properly and for ensuring that salary and other benefits are paid to the petitioner on time.

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It is brought to the notice of this Court that, pursuant to the interim order passed on 22.9.2011, earnest efforts have been taken and a new Manager has been appointed as approved by order dated 21.10.2011 of the Commissioner of the 2^nd respondent and that specific directions have been given to the Manager to disburse the amounts due to the petitioner immediately. The above submission is recorded. Respondents concerned are directed to release the entire arrears of salary payable to the petitioner forthwith, at any rate within 'two weeks' from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the second and fourth respondents for further steps.

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The writ petition is disposed of accordingly.

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P.R. RAMACHANDRA MENON, JUDGE.

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P.Narayanan Namboodiri v. State of Kerala and Others

Case brief

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P.Narayanan Namboodiri v. State of Kerala and Others

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