The High Court of Kerala dismissed the petition wherein the petitioner sought a direction to the Government to refund a salary amount already deposited, holding that the relief was limited and the petitioner could approach the appropriate authority thereafter.
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 A.M.SHAFFIQUE
FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937
WP(C).No. 8881 of 2007 (G)
PETITIONER(S):
THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS ARCH- DIOCESE OF THALASSERRY, THALASSERY.
BY ADVS.SRI.P.SANKARANKUTTY NAIR SRI.T.V.AJAYAKUMAR
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.
2. THE DISTRICT EDUCATIONAL OFFICER, THALASSERRY.
3. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD.
4. M.V.KURIAKOSE, P.E.T. (RETD.) MANNAPARAMBIL HOUSE, CHEMPERI P.O. TALIPARAMBA TALUK, KANNUR.
R4 BY ADV. SRI.K.S.MADHUSOODANAN
BY Sr.GOVERNMENT PLEADER SRI.P.M.JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8881 of 2007 (G)
APPENDIX
PETITIONER's EXHIBITS :
EXT.P1 : ORDER ISSUED BY THE 1ST RESPONDENT DATED 13.1.03. EXT.P2 : TRUE COPY OF THE JUDGMENT IN W.A.NO.5/06 DATED 18.7.06. EXT.P3 : TRUE COPY OF THE PETITION BY THE 4TH RESPONDENT DATED 25.8.06.
EXT.P4 : TRUE COPY OF THE SALARY BILL RETURNED BY the 2ND RESPONDENT. EXT.P5 : TRUE COPY OF THE NOTICE BY THE 2ND RESPONDENT DATED 2.1.06. RESPONDENTS' EXHIBITS :
EXT.R2(a) : TRUE COPY OF the ORDER NO.29/2003 DT.28.4.2003.
//TRUE COPY//
P.A.TO JUDGE
ami/
A.M.SHAFFIQUE, J.
W.P.(C)No.8881 of 2007
Dated this the 4th day of December, 2015.
J U D G M E N T
The petitioner who is the Corporate Manager of the School has approached this Court seeking the following reliefs :
“i. A writ of mandamus or other appropriate writ, direction or order directing the 2nd and 3rd respondents to accept the salary bills and to disburse the amount remitted by the petitioner towards the salary due to the 4th respondent for the period from 1.5.01 to 30.6.2002 forthwith without insisting on refund of the salary drawn by the junior most P.E.T. under the management for the period from 15.7.2000 to 30.4.2001 ;
ii) Any other appropriate writ direction or order, which this Hon'ble Court deems just and proper in the facts and circumstances of the case.”
It is inter alia contended that on account of respondents 2 and 3's failure to accept the salary bills and disbursement of the amount due to the 4th respondent during the period from 1.5.2001 to 30.6.2002, the petitioner has to pay the salary from his own pocket. That apart, the petitioner has already paid a sum of Rs.1,12,152/- which was the salary drawn by
W.P.(C)No.8881 of 2007
2
Smt.Binny Joseph. His payment was made at the instance of the Government when the salary bills of the 4th respondent was not being accepted. Hence, the learned counsel seeks for a direction to the Government to refund the said amount.
Reserving this liberty, this writ petition is closed.
Sd/- A.M.SHAFFIQUE, JUDGE.
ami/
//True copy//
P.A. to Judge
1 issue framed by the court
Whether the Court can direct the Government to refund the salary amount deposited by the petitioner earlier.
The Corporate Manager, Corporate Management of Schools Arch-Diocese of Thalasserry
State of Kerala represented by the Secretary to Government General Education Department
The District Educational Officer, Thalasserry
The District Educational Officer, Kanhangad
M.V. KuriaKose
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
