Allowed

Annamma M.M. v. Erattupetta High School Teachers Co-Operative Society Ltd.No. 746

Kerala HC5 Jan 2015WP(C)/11658/2012

Case brief

AI extract

What is this about?

Disposes of a writ petition regarding the petitioner's retirement benefits. The Court ordered the release of a retained sum of Rs.27,439 from the petitioner's General Provident Fund to her, as the loan account of the guarantor had been closed.

What did the court decide?

The retained amount of Rs.27,439 along with accrued interest from the petitioners General Provident Fund is to be released to her within three weeks.

Annamma M.M. Vs Erattupetta High School… — Labour and Industrial Disputes | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 11658 of 2012 (F) ----------------------------

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PETITIONER(S):

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

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ANNAMMA M.M., AGED 56 YEARS, W/O.JOSE.P.A., (ENGLISH), HIGH SCHOOL ASSISTANT, LITTLE FLOWER HIGH SCHOOL, CHEMMALAMATTOM. (RESIDING AT PUTHUPARAMBIL HOUSE, MALLIKASSERY.P.O., PAIKA, POOVARANI).

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BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.)

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SRI.S.MANU

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SMT.K.DEEPA (PAYYANUR).

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RESPONDENT(S):

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

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1. ERATTUPETTA HIGH SCHOOL TEACHERS CO-OPERATIVE SOCIETY LTD.NO. 746,

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ARUVITHURA.P.O., PIN-686 122.

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2. KOCHURANI MATHEW,

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(TEACHER, LOWER PRIMARY SCHOOL ASSISTANT), LITTLE FLOWER HIGH SCHOOL, PAIKA. (RESIDING AT CHEMPAKASSERIL VEEDU, VILAKKUMADAM, POOVARANI), KOTTAYAM DISTRICT - 686 577.

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3. ELEYAMMA ANTONY,

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(TEACHER, UPPER PRIMARY SCHOOL ASSISTANT), ST.AUGUSTINE HIGH SCHOOL, PERINGALAM. (RESIDING AT KALLENKIYIL HOUSE ERATTUPETTA), KOTTAYAM DISTRICT - 686 121.

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4. THE HEADMASTER,

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LITTLE FLOWER HIGH SCHOOL, CHEMMALAMATTOM.P.O., KOTTAYAM DISTRICT - 686 529.

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5. THE HEADMASTER, ST.AUGUSTINE HIGH SCHOOL, PERINGALAM, KOTTAYAM DISTRICT - 686 582.

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rvs.

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WP(C).No. 11658 of 2012 (F)

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6. THE HEADMASTER, LITTLE FLOWER LOWER PRIMARY SCHOOL, PAIKA, KOTTAYAM DISTRICT - 686 001.

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7. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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8. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

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9. THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL THIRUVANANTHAPURAM - 695 001.

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R1 BY ADV. SRI.K.G.ANIL BABU R1 BY ADV. SRI.BIJU JOSEPH R2,R3 BY ADV. SRI.S.PRASANTH BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 11658 of 2012 (F)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXHIBIT	P1-	TRUE COPY OF THE AND RESPONDENTS AVAILED BY THE 3R	BOND EXECUTED BY THE PETITIONER 2 AND 3 IN RESPECT OF THE LOAN D RESPONDENT DATED 13.6.2003.
EXHIBIT	P2-	TRUE COPY OF THE AND RESPONDENTS AVAILED BY THE 2N	BOND EXECUTED BY THE PETITIONER 2 AND 3 IN RESPECT OF THE LOAN D RESPONDENT DATED 13.6.2003.
EXHIBIT	P3-	TRUE COPY OF TH PETITIONER IN FAV RULING NO.1 UNDER SERVICE RULE.	E CONSENT LETTER GIVEN BY THE OUR OF THE 1ST RESPONDENT AS PER RULE 3, PART III OF THE KERALA
EXHIBIT	P4-	TRUE COPY OF THE TO THE 4TH RESPON	LETTER DATED 23.7.2010 ADDRESSED DENT BY THE IST RESPONDENT.
EXHIBIT	P5-	TRUE COPY OF THE RESPONDENT TO THE	FORM NO.9 FORWARDED BY THE IST 4TH RESPONDENT.
EXHIBIT	P6-	TRUE COPY OF THE	RECEIPT DATED 6.10.2010.
EXHIBIT	P6(A)-	TRUE COPY OF THE	RECEIPT DATED 8.11.2010.
EXHIBIT	P6(B)-	TRUE COPY OF THE	RECEIPT DATED 13.12.2010.
EXHIBIT	P6(C)-	TRUE COPY OF THE	RECEIPT DATED 19.1.2011.
EXHIBIT	P6(D)-	TRUE COPY OF THE	RECEIPT DATED 23.3.2011.
EXHIBIT	P6(E)-	TRUE COPY OF THE	RECEIPT DATED 4.5.2011.
EXHIBIT	P6(F)-	TRUE COPY OF THE	RECEIPT DATED 18.2.2011.
EXHIBIT	P6(G)-	TRUE COPY OF THE	RECEIPT DATED 16.6.2011.
EXHIBIT	P6(H)-	TRUE COPY OF THE	RECEIPT DATED 7.7.2011.
EXHIBIT	P6(I)-	TRUE COPY OF THE	RECEIPT DATED 10.8.2011.
EXHIBIT	P6(J)-	TRUE COPY OF THE	RECEIPT DATED 28.9.2011.
EXHIBIT	P6(K)-	TRUE COPY OF THE	RECEIPT DATED 25.10.2011.

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WP(C).No. 11658 of 2012 (F)

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EXHIBIT	P7-	TRUE COPY 4.9.2010.	OF THE LETTER NO.E.1595/10 DATED
EXHIBIT	P8-	TRUE COPY STATE BANK RESPONDENT	OF THE LETTER ISSUED BY THE MANAGER, OF INDIA THIDANAD BRANCH TO THE 4TH DATED 28.10.2011.
EXHIBIT	P9-	TRUE COPY ADDRESSED	OF THE LETTER DATED 25.10.2011 TO THE 4TH RESPONDENT.
EXHIBIT	P10-	TRUE COPY DATED 25.6	OF THE JUDGMENT IN WP[C]NO.4463/2008 .2008.
EXHIBIT	P11-	TRUE COPY	OF THE RECEIPT DATED 21/12/2012.
EXHIBIT	P12-	TRUE COPY 06/02/2013	OF THE ORDER IN I.A.NO.1481/2013 DATED .
EXHIBIT	P13-	TRUE COPY AIDED SCHO EDUCATION	OF THE LETTER ISSUED BY ERATTUPETTA OL SOCIETY TO THE DEPUTY DIRECTOR OF DATED 22/07/2014.
EXHIBIT	P13(A)-	TRUE ENGLI	SH TRANSLATION OF EXHIBIT P-13.

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RESPONDENTS' EXHIBITS :

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EXHIBIT	R1(A) - THE 15/	TRUE 06/201	COPY 2.	OF THE	STATEMENT OF ACCOUNT AS ON
EXHIBIT	R2(A) - THE	TRUE	COPY	OF THE	STATEMENT OF LOAN A/C ISSUED
	BY	1ST RE	SPOND	ENT DAT	ED NIL.
EXHIBIT	R3(A) - THE	TRUE	COPY	OF THE	LETTER SUBMITTED BEFORE THE
	5TH	RESPO	NDENT	DATED	27/07/2012.

/TRUE COPY/

P.A.TO JUDGE

RVS.

A.MUHAMED MUSTAQUE, J.

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W.P.(C) No.11658 of 2012

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Dated this the 5^th day of January, 2015

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JUDGMENT

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Read interim order dated 6.2.2013. By the aforesaid

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interim order, the entire amount due to the petitioner from the General Provident Fund Account and other benefits were released to the petitioner except Rs.27,439/-. The amount of Rs.27,439/- was retained as per the directions of this Court. The petitioner now produced Ext.P13 along with I.A.No15299 of 2014. In Ext.P13, it is stated that the amount

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due to the Society from the third respondent was paid in full and final by her guarantor Mrs.Kochurani Mathew and the said account has been closed on 21.7.2014.

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In view of the fact that the amount was retained for the recovery of loan account of Mrs.Aliyamma Antony for whom

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the petitioner stood as a guarantor, I do not find any reason

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W.P.(C) No.11658 of 2012 2

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to retain the amount as ordered by this Court in the order dated 6.02.2013. Therefore, the amount as deposited pursuant to the directions of this Court shall be returned to the petitioner within a period of three weeks along with interest accrued thereon.

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The writ petition is disposed of as above.

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Sd/- A.MUHAMED MUSTAQUE, JUDGE

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Annamma M.M. v. Erattupetta High School Teachers Co-Operative Society Ltd.No. 746

Case brief

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Annamma M.M. v. Erattupetta High School Teachers Co-Operative Society Ltd.No. 746

Case brief

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