Disposed

Ashraf Ali S v. the Kerala State Warehousing Corporation

Kerala HC24 Feb 2015WP(C)/9785/2013

Case brief

AI extract

What is this about?

Petitioners challenged the expenditure of a government loan, alleging misutilization and denial of service benefits. The court accepted the respondent’s statement regarding payments made towards statutory liabilities and debt clearance.

What did the court decide?

The writ petition is closed without prejudice after recording the respondent's statement regarding the utilization of the loan funds.

Ashraf Ali S Vs the Kerala State Warehousing… — Pension and Retirement Benefits | 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.V.RAMAKRISHNA PILLAI

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TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936

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WP(C).No. 9785 of 2013 (W)

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PETITIONER(S):

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1. ASHRAF ALI S.,

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SENIOR ASSISTANT MANAGER, REGIONAL OFFICE, KERALA STATE WAREHOUSING CORPORATION, THIRUVANANTHAPURAM.

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2. PETER.P.P.,

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SENIOR ASSISTANT MANAGER, HEAD OFFICE, KERALA STATE WAREHOUSING CORPORATION,

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ERNAKULAM.

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3. VINOD T. VARGHESE, SENIOR ASSISTANT MANAGER, HEAD OFFICE, KERALA STATE WAREHOUSING CORPORATION,

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ERNAKULAM.

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4. PRAVEEN KUMAR.S.,

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SENIOR ASSISTANT MANAGER, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION,

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PUNALUR.

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5. SAJI GEORGE,

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SENIOR ASSISTANT MANAGER, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION,

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KOTTARAKKARA.

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6. BOBY GEORGE,

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SENIOR ASSISTANT MANAGER, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION,

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ETTUMANOOR.

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7. OMPRASAD.C.K., SENIOR ASSISTANT MANAGER, STATE WAREHOUSE, KERALA STATE WAREHOUSING CORPORATION,

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ALATHUR.

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BY ADVS.SRI.K.JAJU BABU

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SMT.M.U.VIJAYALAKSHMI

2/-

sts

-2-

WP(C).NO.9785/2013

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RESPONDENT(S):

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1. THE KERALA STATE WAREHOUSING CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, WAREHOUSING ROAD, ERNAKULAM, KOCHI-682 016.

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2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001.

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R1 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS R2 BY GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 9785 of 2013 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1TRUE COPY OF THE G.O(MS)NO.221/11/AD DATED 20.9.2011 ISSUED BY THE 2ND RESPONDENT.

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P2TRUE COPY OF THE G.O.(MS)NO.75/13/AD DATED 25.3.2013 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

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R2(A)- TRUE COPY OF THE LETTER NO.KSWC/EST/GOVT/2011-12, DATED 14/07/2011

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R2(B)- TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE RESPONDENT IN IA.NO.11131/2011 IN WP(C).NO.12514/2010 DATED 14/7/2011.

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R2(C)- TRUE COPY OF THE LETTER NO.KSWC/EST/SUPERANNUATION/2013-14 DATED 1/04/2013.

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R2(D)- TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE HONOURABLE MINISTER FOR AGRICULTURE ON 25/04/13.

/TRUE COPY/

P.A.TO.JUDGE

sts

A.V. RAMAKRISHNA PILLAI, J.

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W.P.(C) No. 9785 of 2013

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Dated this the 24^th day of February, 2015

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J U D G M E N T

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The proposal to expend the loan amount as per Ext.P2 otherwise than for clearing the statutory liabilities is the issue raised in this writ petition. According to the petitioners, the mis-utilization of the loan amount would result in the financial crisis turning from bad to worse; and they would be further denied their service benefits, which are already curtailed.

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In the statement filed by the 1^st respondent, it is

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stated as follows;

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“Accordingly, the corporation paid Rs.1,97,78,994/- as entire arrears of Provident Fund subscription to provident fund trust. Similarly, balance arrears of Rs.1,84,07,293/- to pension fund and Dearness Allowance arrears amounting of Rs.39,60,293/- are also paid from the loan received from the Government. An amount of Rs.56,30,071/- was paid in contempt of court cases with regard to retirement benefits and also an amount of Rs.2,80,28,69/- was paid in writ petition cases related to retirement benefits. There by an excess amount of Rs.5,79,520/- (payment made from own fund) other than the loan amount of Rs.5 crore was utilized for the payment of statutory liabilities.”

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Recording the said statement, the writ petition is closed without prejudice.

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Sd/-

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A.V. RAMAKRISHNA PILLAI JUDGE

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bka/-

Ashraf Ali S v. the Kerala State Warehousing Corporation

Case brief

What is this about?

What did the court decide?

Ashraf Ali S v. the Kerala State Warehousing Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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