Allowed

K.K.Mony v. State of Kerala

Kerala HC20 Jul 2016WP(C)/4731/2009

Case brief

AI extract

What is this about?

While one judge dismissed the writ petition by default due to the petitioner's non-appearance, Justice P.V. Asha allowed the petition regarding unremitted salary. She directed the State to have the pending petition disposed of within three months.

What did the court decide?

The first respondent is directed to see that the pending petition before the Director is disposed of within three months and benefits if any are disbursed.

K.K.Mony Vs State of Kerala — Pension and Retirement Benefits | 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 MR.JUSTICE C.K.ABDUL REHIM

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TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936

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WP(C).No. 4731 of 2009 (L)

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PETITIONER:

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K.K. MONY, (PROTECTED AS L.P.S.A), M.M.HSS UPPOODU, EAST KALLADA KOLLAM DISTRICT.

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BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE DEPUTY DIRECTOR (EDUCATION), KOLLAM.

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THE DISTRICT EDUCATIONAL OFFICER, KOLLAM.

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THE MANAGER, MAHATMAJI MEMORIAL HIGH SCHOOL, UPOODU.P.O EAST KALLADA, KOLLAM.

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M. VALSALA DEVI, THUNDIL VEEDU, EAST KALLADA, QUILON DISTRICT.

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R1 TO R3 BY GOVT. PLEADER SRI. P.V. ELIAS R5 BY ADVS. SRI.T.SETHUMADHAVAN

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SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4731/2009

-2-

JUDGMENT

There was no representation for the petitioner when the case is called up on yesterday, despite the fact that the case was remaining in the disposal list since the last more than 2 weeks. Hence the case is adjourned to today for disposal. Today also there is no representation for the petitioner when the case is called up. Under the above mentioned circumstances the writ petition is dismissed for default.

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Sd/-

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C.K. ABDUL REHIM, JUDGE.

10-03-2015

True copy

P.S. To Judge

AMG

P.V.ASHA, J.

W.P.(C) No.4731 of 2009

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Dated this the 20^th day of July, 2016

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JUDGMENT

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The complaint of the petitioner is that she has not got payment of salary for several periods during which she worked. The petitioner was working as Lower Primary School Assistant (LPSA for short) under the 4^th respondent's school. It is pointed out that she has since retired from service.

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Even though she has complained regarding nonpayment of salary for several spells of service, the counter affidavit filed by the 1^st respondent show that there occurred division fall and there was no post available to accommodate the petitioner during several spells for which she has claimed salary. However in paragraph 6 of the counter affidavit filed by the first respondent it is stated that “the petition dated 20.2.2009 of the petitioner is also under consideration of the Director of Public Instruction, Thiruvananthapuram”.

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In the above circumstances, the first respondent shall see that the petition stated to have pending before the Director of Public Instruction, Thiruvananthapuram is considered and disposed of at the earliest and the benefits if any available to the petitioner shall also be disbursed without any further delay. At any rate the orders on the said

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W.P.(C) No.4731 of 2009

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:2:

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petition shall be passed within a period of three months from the date

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of receipt of a copy of this judgment.

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Sd/-

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P.V.ASHA JUDGE

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rkc

K.K.Mony v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.K.Mony v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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