Dismissed

State of Kerala v. Mala Grama Panchayath

Kerala HC20 Feb 2018WA/330/2018

Case brief

AI extract

What is this about?

A two-judge bench of the High Court of Kerala dismissed a Writ Appeal filed by the State of Kerala challenging an order directing it to pay 50% of compensation awarded to a petitioner. The court held the State lacked illegality due to its unqualified undertaking to implement the Supreme Court's compensation recommendations.

What did the court decide?

The writ appeal was dismissed; no costs awarded to any party.

State of Kerala Vs Mala Grama Panchayath — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939

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WA.No. 330 of 2018 IN WPC. 18013/2017

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AGAINST THE INTERIM ORDER IN WP(C) 18013/2017 of HIGH COURT OF KERALA DATED 15-12-2017

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APPELLANT(S)/1ST RESPONDENT IN W.P(C)

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STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY GOVERNMENT PLEADER SRI SURIN GEORGE IPE

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RESPONDENT(S)/PETITIONER & 2ND RESPONDENT IN W.P(C):

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MALA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, MALA P.O., THRISSUR DISTRICT-680732. 2. BIJU P.S., S/O.SIVARAMAN, PARACKAL HOUSE, KALLETTUMKARA P.O., NEAR IRINJALAKUDA RAILWAY STATION, THRISSUR DISTRICT-680683.

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R1 BY ADV. SRI.PHILIP T.VARGHESE R2 BY ADV. SRI.S.SUNIL MAURYAN R2 BY ADV. SMT.G.N.NISHA NAIR

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JJJ

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ANTONY DOMINIC, C.J. &

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DAMA SESHADRI NAIDU, J.

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Writ Appeal No. 330 of 2018

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Dated: 20^th February, 2018

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J U D G M E N T

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Antony Dominic, C.J.

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This appeal is filed by the State of Kerala aggrieved by order dated 15.12.2017 passed by the learned Single Judge in W.P.(C) No.18013/2017.

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We heard the Government Pleader, learned Counsel appearing for the Panchayat and the learned Counsel appearing for the party respondent.

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The writ petition in question was filed by the Panchayat seeking to quash Ext.P1 Government Order insofar as the Panchayat was directed to pay compensation to the 2^nd respondent. In the writ petition, the learned Single Judge passed the impugned order directing the Government to pay 50% of the

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W.A. No.330/2018

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compensation amount awarded to the 2^nd respondent. It is this order which is impugned before us.

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Having heard Counsel for the parties, we find that Justice (Retired) S. Siri Jagan Committee had submitted its third report before the Supreme Court. While the report was considered by Court, the learned Counsel appearing for the State of Kerala submitted that the reports of the Committee, as regards compensation, shall be implemented within four weeks.

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This has been recorded by the Apex Court in Ext.P7 order dated 03.03.2017. It is after having undertaken before the Apex Court that the report recommending compensation will be implemented with four weeks that State of Kerala passed Ext.P1 order, shifting the responsibility of payment of compensation to the Panchayat. It was therefor that the Panchayat challenged the said order and it was considering the

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W.A. No.330/2018

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said factual background that the learned Single Judge passed the order directing the Government of pay 50% of the amount awarded.

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Having regard to the undertaking given before the Supreme Court on behalf of State of Kerala, which was an unqualified one, we are not persuaded to think

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that the order impugned suffers from any illegality.

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The writ appeal is dismissed. No Costs

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Sd/ANTONY DOMINIC, CHIEF JUSTICE.

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Sd/DAMA SESHADRI NAIDU, JUDGE.

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jjj 20/02/2018

State of Kerala v. Mala Grama Panchayath

Case brief

What is this about?

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State of Kerala v. Mala Grama Panchayath

Case brief

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