Disposed

Lakshminarayanan a v. State of Kerala

Kerala HC5 Feb 2019WP(C)/277/2019

Case brief

AI extract

What is this about?

The Court addressed a writ petition concerning the delay in salary approval and disbursement for school teachers from 2008. It directed the 6th respondent to pass orders allowing manual bill submission for salary arrears and to disburse the amount within specified time limits.

What did the court decide?

The 6th respondent directed to pass orders allowing manual bills for salary arrears within one month and disburse amounts within two months.

Lakshminarayanan a Vs State of Kerala — Pension and Retirement Benefits | 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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

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WP(C).No.277 of 2019

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PETITIONERS:

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1 LAKSHMINARAYANAN A AGED 40 YEARS

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S/O.SANKARAN KUTTY NAMBIAN E., FORMER UPSA, ADVUP SCHOOL, PERINGADOOR, THRISSUR-680595. RESIDING AT ANDEKKATTIL HOUSE, MUNDATHIKKODE PO, THRISSUR-680504.

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2 SUSHY P.J., AGED 33 YEARS FORMER LPSA/UPSA, ADVUP SCHOOL, PERINGADOOR, THRISSUR-680595. RESIDING AT KANJIRATHINGAL HOUSE, VALIPARAMBU BAZAR, KUNNAMKULAM, THRISSUR-680504.

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3 ANTHONEES C.L., AGED 31 YEARS S/O.C.M.LONA, FORMER UPSA, ADVUP SCHOOL, PERINGADOOR, THRISSUR-680595. RESIDING AT CHERUVATHUR HOUSE, CHOWANNUR P.O., KUNNAMKULAM, THRISSUR DIST-680503.

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BY ADV. SRI.U.BALAGANGADHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.

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3 THE ASSISTANT EDUCATIONAL OFFICER, WADAKENCHERY-680582.

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4 THE MANAGER, ADVUP SCHOOL, PERINGADOOR, THRISSUR-680595.

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W.P.(C) No.277/2019

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5 THE HEADMISTRESS, ADVUP SCHOOL, PERINGADOOR, THRISSUR-680595.

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ADDL. STATE OF KERALA R6 REPRESENTED BY SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. (ADDL.R6 IS SUO MOTU IMPLEADED VIDE ORDER DATED 05/02/2019)

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BY ADVS.

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SRI.N.N.SUGUNAPALAN (SENIOR.) SRI.S.SUJIN

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OTHER PRESENT:

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SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.277/2019

J U D G M E N T

The petitioners approached this Court on account of the delay in

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approving and disbursing their salary based on Ext.P8 order of the Assistant Educational Officer. The period in question is from 2008 onwards.

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It is submitted at the Bar by the learned Government Pleader that approval was granted. However, salary bill cannot be raised on account of the technical difficulty in SPARK. It is also submitted that if manual bill is submitted with the permission of the additional 6^th respondent, salary arrears can be disbursed.

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If that be so, the additional 6^th respondent shall pass appropriate orders to allow the petitioners to draw salary on submitting manual bills. Appropriate orders shall be passed in this regard within a period of one month and arrears of salary shall be disbursed within a further period of two months.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

smp

W.P.(C) No.277/2019

APPENDIX

PETITIONERS' EXHIBITS:

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EXHIBIT	P1	A TRUE COPY OF APPOINTMENT ORDER DATED 15.7.2008 ISSUED TO FIRST PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P2	A TRUE COPY OF APPOINTMENT ORDER DATED 1.7.2013 ISSUED TO THE FIRST PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P3	A TRUE COPY OF ORDER DATED 12.5.2017 ISSUED BY 3RD RESPONDENT.
EXHIBIT	P4	A TRUE COPY OF APPOINTMENT ORDER DATED 5.8.2008 ISSUED TO SECOND PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P5	A TRUE COPY OF APPOINTMENT ORDER DATED 1.6.2009 ISSUED TO SECOND PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P6	A TRUE COPY OF APPOINTMENT ORDER DATED 4.1.2012 ISSUED TO SECOND PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P7	A TRUE COPY OF APPOINTMENT ORDER DATED 2.6.2014 ISSUED TO SECOND PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT	P8	A TRUE COPY OF ORDER DATED 4.8.2018 ISSUED BY 3RD RESPONDENT.
EXHIBIT	P9	A TRUE COPY OF APPOINTMENT ORDER DATED 9.12.2009 ISSUED TO THIRD PETITIONER BY THE 4TH RESPONDENT.
EXHIBIT RESPONDE	P10 NTS' EXHIBITS: NIL.	A TRUE COPY OF APPOINTMENT ORDER DATED 4.6.2012 ISSUED TO THIRD PETITIONER BY THE 4TH RESPONDENT.

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True Copy

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P.S to Judge

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smp

Lakshminarayanan a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lakshminarayanan a v. State of Kerala

Case brief

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