The court closed a writ petition concerning refund orders for inadmissible travelling allowances. It held that an earlier interim stay became absolute due to the passage of time.
Exhibits P1 to P5 refund memos were quashed as the interim stay order lapsed into an absolute order.
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 B.P.RAY
FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933
WP(C).No. 9107 of 2004(H) ---------------------------------------
PETITIONER(S):
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1. SMT.JULIE JOSE, HIGHER SECONDARY SCHOOL TEACHER, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, KUTTIKKAD.
2. SMT.BISI.P.V., HIGHER SECONDARY SCHOOL TEACHER, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, KUTTIKKAD.
3. SHINE ZACHARIA, HIGHER SECONDARY SCHOOL TEACHER, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, KUTTIKKAD.
4. GIFIN.M.I., HIGHER SECONDARY SCHOOL TEACHER, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, KUTTIKKAD.
5. SMT.BINDU.A.A., HIGHER SECONDARY SCHOOL TEACHER, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, KUTTIKKAD.
BY ADV. SRI.FRANCO T.J. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR, OFFICE OF THE DIRECTOR, HIGHGER OF THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM.
3. JOINT DIRECTOR (EXAM, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.P.M.SANEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C)NO.9107/2004
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
B.P. RAY, J.
- - - - - - - - - - - - - - - - - W.P.(C) No. 9107 of 2004
- - - - - - - - - - - - - - - - Dated this the 25th day of November, 2011.
JUDGMENT
The petitioners are the appointees for the camp paper valuation as Assistant Examiners in C.U. Camp No.19 at G.M.B.H.S.S., Thrissur and C.V. Camp No. 20 at G.H.S.S. Cherpu in March, 2003. The travelling allowances as prescribed in Part II of the Kerala Service Rules was duly and indisputably sanctioned and it was drawn and disbursed by the petitioners in due process of law. Then the petitioners was served with Exts.P1 to P5 directing them to refund the inadmissible claim received by them. By interim order dated 16.03.2004, this Court stayed Exts.P1 to P5 memos. Due to the passage of time, interim order is made absolute and Exts.P1 to P5 are quashed.
Accordingly, this writ petition is closed.
sd/- B.P. RAY, JUDGE.
rv
O.P. No.
-:2:-
B.P. RAY, J.
O.P.No. 13887 of 2002
O.P. No.
-:3:-
Dated this the 16th day of November, 2011.
JUDGMENT
SMT.JULIE JOSE
SMT.BISI.P.V.
SHINE ZACHARIA
GIFIN.M.I.
SMT.BINDU.A.A.
STATE OF KERALA
B.P.RAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
