High Court Bench held that disputes regarding factual salary deductions and loan recovery fall outside the Administrative Tribunal's jurisdiction. The dispute requires civil forum intervention regarding unpaid deductions. Original petition rejected in limine.
Original petition rejected in limine as the dispute does not fall under the Tribunal's jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
OP(KAT).No.552 OF 2019
AGAINST THE ORDER/JUDGMENT IN OA 1868/2019 DATED 21-11-2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
SUDHA T.K. AGED 49 YEARS W/O.SASI.V.K., NURSING ASSISTANT, GENERAL HOSPITAL, ERNAKULAM-682011, RESIDING AT VELAMPARAMBIL HOUSE, VARAPETTY.P.O., KOTHAMANGALAM, ERNAKULAM, KERALA, PIN-686691.
BY ADVS. SRI.P.S.ANISHAD SMT.LIMNA BHASKARAN SHRI.JITHIN CHANDRAN C.T. SHRI.MITHUN P.
RESPONDENT/S:
1 THE SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM-682011.
OP(KAT).552/19
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5 STATE OF KERALA, REPRESENTED BY ITS HEALTH SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURM, PIN695001.
OTHER PRESENT:
SR.GP SRI.P.N.SANTHOSH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 17-01-2020, THE COURT ON 17-01-2020 DELIVERED THE FOLLOWING:
OP(KAT).552/19
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K.VINOD CHANDRAN & V.G.ARUN, JJ.
----------------------------------------------W.P(C).No. 552 of 2019
Dated this the 17th day of January, 2020
JUDGMENT
Vinod Chandran, J.
Petitioner was before the Tribunal for a direction to the 1st respondent to cancel all further proceedings on Annexure A1 order and conduct enquiry on Annexures A11 and A15 applications preferred by the applicant. Annexure A1 order refers to various financial transactions entered into by the petitioner by herself and by virtue of the guarantee executed by her. It is stated that recoveries have been initiated by the financial institutions for default committed in the loans and hence the State was constrained to deduct the salary and pay to the financial institutions. It is also seen from Annexure A1 that the petitioner is a habitual absentee from duty without authorised leave.
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OP(KAT).552/19
a rotation basis, to four institutions in a particular month. The amount deducted from the salary is thus paid to the respective financial institutions. The salary slip, in fact, specifically indicates the payments made to the financial institutions on recovery.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/- V.G.ARUN
JUDGE
vgsx
OP(KAT).552/19
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A.(EKM)-1868 OF 2019 ALONG WITH ANNEXURE A1 TO A15 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
| EXHIBIT P1(A) | ANNEXURE - A1 | IN OA(EKM)-1868 OF 2019. |
|---|---|---|
| EXHIBIT P1(B) | ANNEXURE - A2 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(C) | ANNEXURE - A3 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(D) | ANNEXURE - A4 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(E) | ANNEXURE - A5 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(F) | ANNEXURE - A6 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(G) | ANNEXURE - A7 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(H) | ANNEXURE - A8 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(I) | ANNEXURE - A9 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(J) | ANNEXURE - A10 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(K) | ANNEXURE - A11 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(L) | ANNEXURE - A12 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(M) | ANNEXURE - A13 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(N) | ANNEXURE - A14 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P1(O) | ANNEXURE - A15 | IN OA(EKM)-1868 OF 2019. |
| EXHIBIT P2 | THE CERTIFIED 21.11.2019. |
COPY OF THE ORDER DATED |
3 issues framed by the court
Whether the dispute regarding salary deductions for loan recovery falls within the jurisdiction of the Administrative Tribunal.
Whether the dispute is an industrial dispute requiring civil forum intervention instead.
Whether the writ petition challenging the order should be kept pending or rejected in limine.
SUDHA T.K.
STATE OF KERALA
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
