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Bichaminabi N.V. v. the District Educational Officer, Kozhikode

Kerala HC15 Dec 2020WP(C)/12899/2020

Case brief

AI extract

What is this about?

In a writ petition, the petitioner teachers alleged non-disbursement of benefits like increments despite salary payment. The High Court held that since eligibility was not contested, it ordered the authorities to ensure disbursement of all such benefits within six weeks.

What did the court decide?

Directed respondents to ensure disbursement of all benefits (increments etc.) within six weeks and Headmaster to forward papers within one week.

Bichaminabi N.V. Vs the District Educational Officer… — Service and Employment | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942

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WP(C).No.12899 OF 2020(J)

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PETITIONERS:

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1 BICHAMINABI N.V.

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HSA ARABIC,CALICUT GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL,KALLAI,KOZHIKODE-673003.

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2 APARNA PAUL, UPST,CALICUT GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL,KALLAI, KOZHIKODE -673003.

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BY ADVS. AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY

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RESPONDENTS:

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1 THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE KOZHIKODE-695001.

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2 THE HEAD MISTRESS, CALICUT GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL,KALLAI, KOZHIKODE-673003.

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3 THE MANAGER, CALICUT GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL,KALLAI, KOZHIKODE-673003.

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BY ADV. SRI.R.K.MURALEEDHARAN BY ADV. SRI.P.NANDAKUMAR

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OTHER PRESENT:

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SMT. NISHA BOSE - SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.12899 OF 2020(J)

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J U D G M E N T

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When this matter was called today, the learned Senior Government Pleader submitted that the salary bills of the petitioners have already been countersigned by the competent Educational Authorities and that she has instructions that the eligible amounts have already been disbursed to the petitioner.

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Sri.Augustine Joseph, learned counsel appearing for the petitioners, affirmed that salary has already been paid to his client but alleged that certain other attendant benefits like increments, etc., have not been so disbursed.

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Since I see that the respondents do not contest the eligibility of the petitioners to the benefits they claim herein, I order this writ petition and direct them to ensure that all such benefits are disbursed to the petitioners not later than six weeks from the date of receipt of a copy of this judgment.

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For the afore purpose, I direct the Headmaster of the School to forward all necessary papers to the concerned Authority within a period of one week from the date of receipt

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WP(C).No.12899 OF 2020(J)

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of a copy of this judgment

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This writ petition is thus ordered.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.12899 OF 2020(J)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE APPOINTMENT OIRDER DATED 1.8.2007 OF THE 1ST PETITIONER
EXHIBIT P2	TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 2.6.2008 WITH THE ENDORSEMENT OF APPROVAL.
EXHIBIT P3	TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 15.7.2008 WITH THE ENDORSEMENT OF APPROVAL.
EXHIBIT P4	TRUE COPY OF THE JUGMENT DATED 12.4.2019 IN W.P(C)NO.11951/2019.
EXHIBIT P5	TRUE COPY OF THE PROCEEDINGS DATED 22.8.2019 OF THE 1ST RESPONDENT
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 14.10.2019 OF THE 2ND PETITIONER RELATING TO THE 1ST PETITIONER.
EXHIBIT P7	TRUE COPY OF THE PROCEEDING DATED 15.10.2019 OF THE 3RD RESPONDENT RELATING TO THE 1ST PETITIONER.
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 14.10.2019 OF THE 2ND RESPONDENT RELATING TO THE 2ND PETITIONER.
EXHIBIT P9	TRUE COPY OF THE PROCEEDINGS DATED 15.10.2019 OF THE 3RD RESPONDENT RELATING TO THE 2ND PETITIONER.
EXHIBIT P10	TRUE COPY OF THE LETTER DATED 16.1.2020 FROM THE 1ST RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE LETTER DATED 16.10.2020 FROM THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3 A	TRUE COPY OF THE LETTER NO. B1/6750/2019 DATED 22.09.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT R3 B	TRUE COPY OF THE REPLY DATED 25.09.2020 TO THE 1ST RESPONDENT SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.

Bichaminabi N.V. v. the District Educational Officer, Kozhikode

Case brief

What is this about?

What did the court decide?

Bichaminabi N.V. v. the District Educational Officer, Kozhikode

Case brief

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What did the court decide?

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