Dismissed

Sheeba T.N. v. P.G.Subadravally

Kerala HC12 Jan 2016Con.Case(C)/563/2015

Case brief

AI extract

What is this about?

In a contempt proceeding alleging non-compliance with a Single Judge's interim order, the bench held that there was a dispute regarding the petitioner's actual work during the relevant period. Finding no reason to interfere, the court closed the case, leaving the salary dispute for appropriate civil or administrative proceedings.

What did the court decide?

Closed the contempt case and left the respective contentions of the parties regarding unpaid salary to be decided in appropriate proceedings.

Sheeba T.N. Vs P.G.Subadravally — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937

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Con.Case(C).No. 563 of 2015 (S) IN WP(C).17140/2014

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JUDGMENT IN WP(C) 17140/2014 DATED 27-02-2015

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PETITIONER(S)/PETITIONER IN WP(C)No.17140 OF 2014 :-

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SHEEBA T.N., AGED 34 YEARS

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W/O C.G. VISWAJITH, RESIDING AT POTTANAMKERY COLONY ROAD, CHILAVANOOR, KADAVANTHARA, KOCHI -20

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BY ADVS.SRI.R.LAKSHMI NARAYAN

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SMT.R.RANJINI

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RESPONDENT(S)/RESPONDENTS 4 AND 5 IN W.P(C) NO.17140 OF 2014 :-

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1. P.G.SUBADRAVALLY

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FATHER AND AGE NOT KNOWN TO THE PETITIONEWR

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THE DISTRICT EDUCATIONAL OFFICER

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ERNAKULAM DISTRICT-682 011.

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2. LOVELY OLIVER, AGED ABOUT 65,

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S/O.NOT KNOWN TO THE PETITIONER, HOUSE NO BRRA 18 BANK ROAD, KALOOR, KOCHI-17 THE CHAIRMAN AND CORPORATE MANAGER CENTROL BOARD OF ANGLO INDIAN EDUCATIONAL AGENCY PERYMANOOR, ERNAKULAM DISTRICT-682 015.

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ADDL.3.SMT.TONILA D'SOUZA, HEADMISTRESS OF LORETTO ANGLO INDIAN SCHOOL, SAUDI, MUNDANVELLY - 682 005.

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ADDL.4.MERITTA OLIVER, THE HEADMISTRESS OF CCPLM ANGLO INDIAN HIGH SCHOOL, PERUMANOOR, ERNAKULAM DISTRICT, KOCHI - 682015.

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ADDL.5.SMT.ROSE MARY D'SILVA, HEADMISTRESS OF PVMMAIUPS, EDACOCHI - 682 010.

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ADDL.R3 TO R5 ARE IMPLEADED VIDE ORDER DT.2.9.2015 IN I.A.No. 233 OF 2015.

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ADDL.R3-R5 BY ADV. SMT.ELIZABETH OLIVER R2 BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) SRI.ANIL ABEY JOSE SRI.R.SUDHISH

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R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 563 of 2015 (S) IN WP(C).17140/2014

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APPENDIX

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PETITIONER(S)' EXHIBITS :-

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ANNEXURE A1- THE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 17.6.2014.

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ANNEXURE A2- THE PHOTOCOPY OF THE ORDER DATED 14.7.2014 IN I.A.NO 9357/14 IN W.P.C.NO 17140/14.

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ANNEXURE A3- THE PHOTOCOPY OF THE ORDER DATED 22.9.2014 IN W.P.C.NO 17140/14.

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ANNEXURE A4- THE PHOTOCOPY OF THE ORDER DATED 22.11.2014 IN W.P.C.NO 17140/14.

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ANNEXURE A5- THE CERTIFIED COPY OF THE JUDGMENT DATED 27.2.2015 IN W.P.C.NO 17140/14.

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ANNEXURE A6- THE PHOTOCOPY OF THE COMMUNICATION DATED 9.10.2014. ANNEXURE A7- THE PHOTOCOPY OF THE COMMUNICATION DATED 19.2.2015. ANNEXURE A8- THE PHOTOCOPY OF THE COMMUNICATION DATED 26.3.2015.

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ANNEXURE A10- AFFIDAVIT SORN BY ONE OF THE TEACHER.

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ANNEXURE A11- AFFIDAVIT SWORN BY ONE OF THE NON TEACHING STAFF.

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RESPONDENT(S)' EXHIBITS :-

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ANNEXURE R1(a) : TRUE COPY OF THE LETTER DATED 29.4.2015.

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ANNEXURE R1(b) : TRUE COPY OF THE LETTER DIRECTING TO TAKE DISCIPLINARY ACTION AGAINST SMT.MARY TONILA D'SOUZA.

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ANNEXURE R1(c) : TRUE COPY OF THE LETTER DATED 12.6.2015.

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ANNEXURE R1(d) : TRUE COPY OF THE LETTER DATED 7.10.2015.

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ANNEXURE R1(e) : TRUE COPY OF THE LETTER INITIATING DEPARTMENT LEVEL ACTION AGAINST THE MANAGER.

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ANNEXURE R3(a) : TRUE COPY OF THE CORPORATE MANAGER'S LETTER DATED 3.7.2014.

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ANNEXURE R3(b) : TRUE COPY OF THE ORDER OF THE DPI, THIRUVANANTHAPURAM DATED 17.6.2014.

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ANNEXURE R3(c) : TRUE COPY OF THE RELIEVING ORDER OF SMT.BINDU V.S. DATED 3.7.2014.

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ANNEXURE R3(d) : TRUE COPY OF THE JOINING REPORT OF SMT.BINDU V.S. DATED 3.7.2014.

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Con.Case(C).No. 563 of 2015 (S) IN WP(C).17140/2014

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ANNEXURE R3(e) : TRUE COPY OF THE RELIEVING ORDER OF SMT.SHEEBA T.N. DATED 3.7.2014.

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ANNEXURE R3(f) : TRUE COPY OF THE FORWARDING OF RELIEVING LETTER DATED 7.7.2014.

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ANNEXURE R3(g) : TRUE COPY OF THE COURT ORDER DATED 4.7.2014.

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ANNEXURE R3(h) : TRUE COPY OF THE ATTENDANCE REGISTER OF CCPLMAIHS, PERUMANOOR SIGNED BY SMT.BINDU V.S.

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ANNEXURE R3(i) : TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN CBAIE DATED 16.9.2014.

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ANNEXURE R3(j) : TRUE COPY OF THE COMMUNICATION FROM DEO, ERNAKULAM TO HM, CCPLMAIHS.

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ANNEXURE R3(k) : TRUE COPY OF THE REPLY OF THE HM, CCPLMAIHS TO DEO, ERNAKULAM DATED 17.10.2014.

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ANNEXURE R3(l) : TRUE COPY OF THE COMMUNICATION BY DEO, ERNAKULAM TO THE HM, CCPLMAIHS DATED 19.2.2015.

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ANNEXURE R3(m) : TRUE COPY OF THE COMMUNICATIOPN BY DEO, ERNAKULAM DATED 26.3.2015TO THE HM, CCPLMAIHS.

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ANNEXURE R3(n) : TRUE COPY OF THE REPLY TO DEO, ERNAKULAM BY THE HM, CCPLMAIHS DATED 27.3.2015.

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ANNEXURE R3(o) : TRUE COPY OF THE MEMO DATED 31.3.2015.

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ANNEXURE R3(p) : TRUE COPY OF THE MEMO DATED 9.12.2015.

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ANNEXURE R3(q) : TRUE COPY OF THE COMMUNICATION OF HM, LAIHS, SAUDI TO DEO, ERNAKULAM DATED 18.12.2015.

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ANNEXURE R4(a) : TRUE COPY OFD THE COMMUNICATION FROM DEO, ERNAKULAM TO HM, CCPLMAIHS DATED 12.6.2015.

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ANNEXURE R4(b) : TRUE COPY OF THE SALARY SLIP GENERATED BY DEO OFFICE, ERNAKULAM.

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ANNEXURE R4(c) : TRUE COPY OF THE COMMUNICATION FROM DEO OFFICE, ERNAKULAM TO HM, CCPLMAIHS, DATED 9.12.2015.

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ANNEXURE R4(d) : TRUE COPY OF THE REPLY LETTER BY THE HM, CCPLMAIHS TO DEO, ERNAKULAM DATED 10.12.2015.

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ANNEXURE R5(a) : TRUE COPY OF THE CORPORATE MANAGER'S LETTER DATED 27.3.2015.

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ANNEXURE R5(b) : TRUE COPY OF THE REPLY OF THE HM, PVMMAIUPS, EDAKOCHI TO CHAIRMAN CBAIE DATED 18.5.2015.

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ANNEXURE R5(c) : TRUE COPUY OF THE CORPORATE MANAGER'S LETTER DATED 4.12.2015.

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Con.Case(C).No. 563 of 2015 (S) IN WP(C).17140/2014

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ANNEXURE R5(d) : TRUE COPY OF THE MANUALLY PREPARED SALARY BILL. ANNEXURE R5(e) : TRUE COPY OF THE G.O.(P)No.57/2013/FIN DATED 30.1.2013.

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ANNEXURE R(f) : TRUE COPY OF THE BILL BOOK DATED 14.12.2015. ANNEXURE R5(g) : TRUE COPY OF THE AUDIT OBJECTION NOTE DATED 14.12.2015.

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//TRUE COPY//

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P.A. TO JUDGE

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ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

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Cont. Case (C) No.563 of 2015

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---------------------------------------------Dated this the 12^th day of January 2016

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J U D G M E N T

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Shaffique, J.

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This contempt case has been filed alleging non-compliance of the directions issued by the learned Single Judge in the judgment dated 27.2.2015 in W.P.(C) No.17140 of 2014. In the writ petition, the learned Single Judge, while directing the first respondent to consider and dispose of Ext.P9 revision petition within a specified time observed that the 4^th respondent shall take speedy steps for disbursing the salary to the petitioner as directed in the interim orders passed by the said Court. The interim orders referred to above were dated 22.9.2014 and 22.11.2014.

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In the interim order dated 22.9.2014, the learned Single Judge observed that the petitioner shall report to the transferee school and the 5^th respondent shall ensure continuous payment of salary to the petitioner as has been done in the past. In the interim order dated 22.11.2014, it was observed that without prejudice to the respective contentions of the petitioner and the 6^th respondent as well as the Government, the 4^th respondent shall

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Cont. Case (C) No.563 of 2015

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-: 2 :-

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pay to the petitioner from 24.9.2014 'part time salary' applicable to the post she has been presently working in. But, at the time, when the contempt case was filed, it was contended that no steps were taken by the respondent authority to pay her salary. However, the learned counsel for the petitioner submits that during the pendency of the contempt case, the petitioner was paid salary from 25.9.2014 on 11.1.2016 at 3 p.m.

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Learned counsel for the petitioner would however submit that the petitioner was not paid the salary in the months of June, July and August while she was working in the previous school.

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On a perusal of the orders passed and the judgment of the learned Single Judge, we do not find any positive direction in the orders and judgment of the learned Single Judge calling upon the authorities to pay the salary during the aforesaid period.

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Learned counsel appearing for additional respondents 3 to 5 submits that there is dispute regarding the question as to whether the petitioner has actually worked during the relevant time.

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We do not find any reason to interfere in such controversy. As far as the direction issued by the learned Single Judge has already been complied with, we do not think it

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Cont. Case (C) No.563 of 2015

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-: 3 :-

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necessary to proceed with this contempt case. The respective contentions of the parties with reference to unpaid salary is left open to be decided in appropriate proceedings. It shall always be open for the petitioner to approach the competent authorities and seek necessary directions.

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With the above observation, this contempt case is

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closed.

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Sd/ASHOK BHUSHAN CHIEF JUSTICE

Sd/-

A.M. SHAFFIQUE

J UDGE

Jvt/12.1.2016.

Sheeba T.N. v. P.G.Subadravally

Case brief

What is this about?

What did the court decide?

Sheeba T.N. v. P.G.Subadravally

Case brief

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