Disposed

Elizabeth Ninan v. Usha Titus

Kerala HC11 Oct 2017Con.Case(C)/1404/2017

Case brief

AI extract

What is this about?

The Contempt Court closed the contempt case without prejudice. It noted that a liability certificate issued against the petitioner for gratuity made further gratuity payment by respondents unnecessary, as the certificate amount exceeded the potential liability.

What did the court decide?

Contempt case closed without prejudice to the petitioner's right to challenge the liability certificate.

Elizabeth Ninan Vs Usha Titus — Service and Employment | Kerala HC (2017)

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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.K.JAYASANKARAN NAMBIAR

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WEDNESDAY, THE 11TH DAY OF OCTOBER 2017/19TH ASWINA, 1939

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Con.Case(C).No. 1404 of 2017 (S)

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AGAINST THE JUDGMENT IN WP(C).22030/2016 of HIGH COURT OF KERALA

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PETITIONER(S)/PETITIONER:

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ELIZABETH NINAN, AGED 59 YEARS, WIFE OF MR. ALEXANDER V., 'CHEMPAKA', C.M.C.7, CHERTHALA P.O., ALAPPUZHA-688524.

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BY ADV. SRI.I.V.PRAMOD

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RESPONDENT(S)/RESPONDENTS:

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1. USHA TITUS,

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(AGE, NAME OF FATHER AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. USHA RANI G., (AGE, NAME OF FATHER AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER), ACCOUNTS OFFICER IN FULL ADDITIONAL CHARGE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.

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3. KRISHNADAS K.P.,

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(AGE, NAME OF FATHER AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER), DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA-688524.

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4. S.ANITHA,

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AGED 54 YEARS, WIFE OF RENGANATHA BABU, CHACKUPARAMBIL, VETTACKAL, CHERTHALA, HEADMISTRESS, KANDAMANGALAM HIGH SCHOOL, KADAKKARAPPALLY POST-688529, CHERTHALA, ALAPUZHA DISTRICT.

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R1-R3 BY GOVERNMENT PLEADER SRI. C.P. PRADEEP R4 BY SRI. B.PRAMOD

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 1404 of 2017 (S)

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APPENDIX

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PETITIONER(S)' ANNEXURES

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A1	COPY OF ORDER NO.E2/15850/2014 DATED 16.12.2015 OF THE DDE, ALAPPUZHA
A2	COPY OF JUDGMENT DATED 26.9.2016 IN WPC.22030/2016
A3	COPY OF ORDER DATED 21.3.2017 IN RP.919/2016 IN WPC.22030/2016
A4	COPY OF COVERING LETTER DATED 8.5.2017 WITH COPY OF POSTAL RECEIPT FOR SENDING THE COPY OF THE JUDGMENT TO THE RESPONDENTS
A5	CERTIFIED COPY OF JUDGMENT DATED 26.9.2016 IN WPC.22030/2016 AS MODIFIED BY ORDER IN RP.919/2016

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RESPONDENT(S)' ANNEXURES

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R2(A) TRUE COPY OF THE COVERING LETTER (ORDER NO.G1/5320/2014 OF THE 2ND RESPONDENT )AND LIABILITY CERTIFICATE DATED 21.8.2017 FORWARDED TO THE SUB TREASURY OFFICER, CHERTHALA

TRUE COPY

P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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............................................................. Contempt Case (Civil).No.1404 Of 2017 ............................................................. Dated this the 11^th day of October, 2017

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J U D G M E N T

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Taking note of the submission of the learned Government Pleader, on instructions, that the 4^th respondent has issued a liability certificate indicating a liability of Rs.10,27,060/- in respect of the petitioner by proceedings dated 21.08.2017, and on account of the said liability, there will be no requirement for respondents 1 to 3 to make any payment of gratuity to the petitioner since the gratuity amount would be less than the said amount determined as liability, the contempt of court case is closed without prejudice to the right of the petitioner to challenge the liability certificate issued in appropriate proceedings.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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mns/11.10.17

Elizabeth Ninan v. Usha Titus

Case brief

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Elizabeth Ninan v. Usha Titus

Case brief

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