Allowed

C.a.Abdul Basheer v. Kerala Forest Development Corporation

Kerala HC5 Apr 2017WP(C)/18126/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition concerning terminal benefits by following the ratio of a co-dated judgment. The Court directed the Corporation to refund any retained amount within three months and set aside specific exhibits.

What did the court decide?

Exhbits P4 and P8 set aside; Corporation directed to pay back retained terminal benefits within three months.

C.a.Abdul Basheer Vs Kerala Forest… — Pension and Retirement Benefits | 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 DAMA SESHADRI NAIDU

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WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939

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WP(C).No. 18126 of 2011 (M)

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PETITIONER(S):

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C.A.ABDUL BASHEER

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KERALA FOREST DEVELOPMENT CORPORATION LTD., GAVI P.O., VANDIPERIYAR, IDUKKI DISTRICT.

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BY ADVS.SRI.DEEPU THANKAN SMT.SONIA GEORGE

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RESPONDENT(S):

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KERALA FOREST DEVELOPMENT CORPORATION LTD., AARANGAKONAM, KARAPUZHA, KOTTAYAM,

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REPRESENTED BY ITS MANAGING DIRECTOR-686 003.

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STATE OF KERALA, REPRESENTED BY ITS

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SECRETARY, FOREST AND WILD LIFE (D) DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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ACCOUNTANT GENERAL (AUDIT)

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KERALA, THIRUVANANTHAPURAM-695 001.

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R,R3 BY ADV. SMT. A.C. VIDHYA, GOVERNMENT PLEADER R BY SRI.V.G.ARUN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 18126 of 2011 (M)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE ORDER DATED 03.09.1991.

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EXT.P2 : TRUE COPY OF THE ORDER OF THE MANAGING DIRECTOR OF THE 1ST RESPONDENT CORPORATION DATED 10.04.1996

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EXT.P3 : TRUE COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR DATED 12.04.1999.

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EXT.P4 : TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 04.01.2011.

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EXT.P5 : TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT CORPORATION DATED 13.07.2006.

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EXT.P6 : TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT CORPORATION DATED 10.07.2007.

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EXT.P7 : TRUE COPY OF THE COMMUNICATION OF THE FIRST RESPONDENT CORPORATION DATED 20.11.2008.

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EXT.P8 : TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 22.06.2011.

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EXT.P9 : TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 22.06.2011 IN W.P.(C) NO. 16683/2011.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

DAMA SESHADRI NAIDU, J.

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-------------------------------------------

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W.P. (C) No. 18126 of 2011 (M)

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-----------------------------------------Dated this the 5^th day of April, 2017.

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JUDGMENT

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The issue involved in this case is similar to that in W.P.(C) No. 17678 of 2011, which was disposed of today by this Court. In the light of the ratio of the above judgment, this Court disposes of the writ petition on the same lines, thereby, setting aside Exts.P4 and P8.

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Consequently, this Court directs that if the Corporation has retained any amount from the petitioner's terminal benefits, it should pay that amount back to the petitioner at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.

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sd/- DAMA SESHADRI NAIDU, JUDGE.

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C.a.Abdul Basheer v. Kerala Forest Development Corporation

Case brief

What is this about?

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C.a.Abdul Basheer v. Kerala Forest Development Corporation

Case brief

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