Disposed

Jose Joseph v. the State of Kerala

Kerala HC4 Dec 2019WP(C)/26539/2019

Case brief

AI extract

What is this about?

A writ petition filed by several Assistant Professors apprehending recovery of annual increments was disposed of. The court directed that no action be taken against specific petitioners, issued a notice to the second petitioner before action, and noted the seventh petitioner had already deposited the amount.

What did the court decide?

No action; directions to issue notice to 2nd petitioner before action; noted deposit by 7th petitioner.

Jose Joseph Vs the State of Kerala — Service and Employment | Kerala HC (2019)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941

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WP(C).No.26539 OF 2019(N)

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PETITIONER/S:

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1 JOSE JOSEPH AGED 53 YEARS ASST.PROFESSOR, DEPARTMENT OF ENGLISH, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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2 JILLIE J.PARAMUNDAYIL, ASST.PROFESSOR, DEPARTMENT OF BOTONY, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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3 RUBYMOL PHILIP,

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ASST.PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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4 MANJU JOSE, ASST.PROFESSOR, DEPARTMENT OF STATISTICS, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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5 SHAJI JOHN

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ASST.PROFESSOR, DEPARTMENT OF PHYSICAL SCIENCE, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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6 REGEENAMMA JOSEPH,

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ASST.PROFESSOR, DEPARTMENT OF POLITICAL SCIENCE, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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7 GIGIMOL.M.G.,

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ASST.PROFESSOR, DEPARTMENT OF CHEMISTRY, ALPHONSA COLLEGE, ARUNAPURAM P.O., PALA.

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8 MOLY.M.A.,

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ASST.PROFESSOR, DEPARTMENT OF ENGLISH, PAVANATMA COLLEGE, MURICKASSERRY P.O., EDUKKI DISTRICT.

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BY ADV. SRI.GEORGEKUTTY MATHEW

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, ANNEXE, THIRUVANANTHAPURAM-695 001.

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WP(C).No.26539 OF 2019(N)

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2 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM-686 001.

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3 THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, PIN-685 584.

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4 ADDL.R4 DEPUTY DIRECTOR OF COLLEGIAGE EDUCATION, ERNAKULAM DISTRICT, PIN - 682 311.

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ADDITIONAL 4TH RESPONDENT IMPLEADED AS PER ORDER DATED 12-11-2019 IN I.A. 02/2019.

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SMT NISHA BOSE, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26539 OF 2019(N)

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JUDGMENT

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This writ petition is filed by the petitioners

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apprehending that, there is a likelihood of

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recovery of annual increments given to the petitioners. However, a statement is filed for and on behalf of the 2^nd respondent, from where I am satisfied that, no action is contemplated against the petitioners except the 2^nd petitioner and the 7^th petitioner, who has already deposited the amount.

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In that view of the matter, I think it is

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only appropriate that, the writ petition is disposed of with suitable directions.

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After having heard learned counsel for the petitioners and the learned senior Government

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Pleader, this writ petition is disposed of

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recording that, no action is contemplated against petitioner Nos. 1, 3 to 6 and 8. However, learned

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WP(C).No.26539 OF 2019(N)

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Government Pleader pointed out that, there is discrepancy in respect of the matter of paying the increment to 2^nd petitioner and action will be taken only after issuing a notice and hearing the said petitioner.

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In that view of the matter, there will be a direction to the competent among the respondents before taking any action against the 2^nd petitioner, a notice of hearing shall provided to the said petitioner. It is also recorded that, the 7^th petitioner has already deposited the amount before the authority.

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Sd/-

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SHAJI P.CHALY JUDGE

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hmh

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WP(C).No.26539 OF 2019(N)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER G.O. (P)NO.58/2010/H.EDN. DATED 27.03.2010.

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RESPONDENT'S/S EXHIBITS:

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ANNNEXURE R2(A) TRUE COPY OF THE RELEVANT PAGE OF AUDIT OBJECTION

Jose Joseph v. the State of Kerala

Case brief

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Jose Joseph v. the State of Kerala

Case brief

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