Disposed

All Kerala Private College Teachers Association (Akpcta) v. State of Kerala

Kerala HC21 Dec 2020WP(C)/27902/2019

Case brief

AI extract

What is this about?

Single judge order directing the 4th respondent (College principal) to complete the 4th EPF tax instalment upload via SPARK within ten days, and directing the 5th respondent (Income Tax Commissioner) to ensure payment to petitioners within two weeks of receiving the upload confirmation, after addressing upload difficulties.

What did the court decide?

Directing the 4th respondent to complete the 4th EPF instalment process within 10 days, and the 5th respondent to pay amounts to petitioners within two weeks of said completion.

All Kerala Private College Teachers Association… — 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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MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.27902 OF 2019(K)

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PETITIONERS:

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1 ALL KERALA PRIVATE COLLEGE TEACHERS ASSOCIATION (AKPCTA) DR. PADIYAR MEMORIAL HOMOEPATHIC MEDICAL COLLEGE, CHOTTANIKKARA UNIT, REPRESENTED BY ITS SECRETARY, DR. N. HARIKUMAR, S/O. N. NELLAKANDAN POTTI, AGED 54 YEARS, MIG 208, PRANAVAM, GANDHI NAGAR, KOCHI 28., READER, DEPARTMENT OF MATERIA MEDICA DR. PADIYAR MEMORIAL HOMOEPATHIC MEDICAL COLLEGE, CHOTTANIKKARA P. O., ERNAKULAM - 682 312.

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2 DR. N. MAHESH KUMAR

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DR. PADIYAR MEMORIAL HOMOEPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, DEPARTMENT OF MATERIA MEDICA, KALATHIL HOSUE, N. NAGAR, P. O. CHERTHALA, ALAPUZHA - 688559.

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BY ADV. SRI.SAJEEV KUMAR K.GOPAL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE PRINCIPAL AND CONTROLLING OFFICER GOVERNMENT HOMOEPATHIC COLLEGE, THIRUVANANTHAPURM, PIN - 695001

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3 DR. PADIYAR MEMORIAL HOMOEPATHIC MEDICAL COLLEGE REP. BY ITS SECRETARY, BOARD OF TRUSTEE, CHOTTANIKKARA, PIN - 682 312.

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4 THE PRINCIPAL DR. PADIYAR MEMORIAL HOMOEPATHIC MEDICAL COLLEGE, REP. BY ITS SECRETARY, BOARD OF TRUSTEE, CHOTTANIKKARA, PIN - 682 312.

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5 THE CHIEF COMMISSIONER OF INCOME TAX CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, ERNAKULAM - 682 031.

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BY ADV. SMT.R.RANJANIE-SC

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OTHER PRESENT:

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SRI. C.M.SURESH BABU - SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27902 OF 2019(K)

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J U D G M E N T

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When this matter was considered by me on 08.09.2020 after hearing the parties on both sides, I had indited the following order:

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“When this matter was called today, the learned Special Government Pleader submitted that a counter affidavit has been filed on behalf of the State of Kerala, permitting the deduction of tax by respondents 3 and 4 through the online facility called “Spark”. However, Smt.R.Ranjanie, learned counsel appearing for respondents 3 and 4 submits that a statement has been filed by her client, wherein, they have clearly stated that such a facility does not appear to be available to them online.

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Obviously, therefore, this is a matter that the Government will have to look into immediately, since it is only if the online mechanism as a facility for deduction of tax, can this Court direct respondents 3 and 4 to do so.

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I, therefore, adjourn this matter to be called on 15.09.2020, within which time, the learned Special Government Pleader will look into this aspect, particularly the contents of the statement filed on behalf of respondents 3 and 4 and inform this Court as to the way forward possible.”

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2 . Thereafter, on 04.12.2020 noticing certain practical

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difficulties faced by the stakeholders, I had issued the following directions:

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WP(C).No.27902 OF 2019(K)

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“The learned Senior Government Pleader, Smt.Nisha Bose, submitted that since the second and third instalments have been paid physically, if the Principal of the College forwards the details of the same to the ITSF Finance Department, Thiruvananthapuram, it can be included in the SPARK. She says that, thereafter, the Principal can always pay the fourth instalment through the said online platform.

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I, therefore, direct the Principal to forward the details of the second and third instalments to the afore office, through email/fax and the learned Government Pleader submits that the email is [email protected] / [email protected], while the fax number is 0471 2326990; so that necessary details can be included in the Spark by the said Authority.

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Needless to say, once the details are received by the ITSF Finance Department, requisite steps to incorporate the same in the SPARK will be completed before the next posting date. “

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3 . Today, when this matter was called, Sri.R.Lakshmi Narayanan, learned Standing Counsel for the College, submitted that the details of the 2 nd and 3 rd installments have already been uploaded and that the process with respect to the 4 th installment will be completed in not more than ten days from today.

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4 . Sri.Suresh Babu, learned Special Government Pleader, also affirms the afore and submitted that this Court may therefore, fix a time frame for payment of the 4 th installment to

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WP(C).No.27902 OF 2019(K)

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the petitioners.

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5 . Sri.Sajeev Kumar K. Gopal, learned counsel for the petitioners, submitted that his clients' concern is only that the 4 th installment be not further delayed, since the 2 nd and 3 rd installments have already been processed and its amounts paid to the Provident Fund.

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In the afore circumstances, recording the afore and confirming the above interim orders, I order this writ petition and direct the 4 th respondent to complete the process with respect to the 4 th installment within a period of ten days from the date of receipt of a copy of this judgment; and the official respondents will ensure that the amounts are paid to the petitioners without any delay thereafter, but not later than two weeks from the date on which the process is completed by the 4 th respondent as above.

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SD/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.27902 OF 2019(K)

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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 VIDE G.O.(P) NO.45/2017/FIN. DATED 9.4.2017 EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.9395/2018 EXHIBIT P3 TRUE COPY OF THE G.O.(P) NO.50/2018/FINANCE DATED 26.03.2018. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF LIST OF MEMBERS OF THE 1ST PETITIONER ASSOCIATION. EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O.(MS) NO.17/89/H/EDN DATED 23.01.1989.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R2(a): TRUE COPY OF GOVERNMENT LETTER NO.B2/198/2018/AYUSH DATED 21/01/2019. EXHIBIT R2(b): TRUE COPY OF LETTER NO.2577/C1/18/GHMCT DATED 13/02/2019. EXHIBIT R2(c): TRUE COPY OF OFFICE LETTER NO.2577/C1/2018/GHMCT DATED 19/10/2019.

All Kerala Private College Teachers Association (Akpcta) v. State of Kerala

Case brief

What is this about?

What did the court decide?

All Kerala Private College Teachers Association (Akpcta) v. State of Kerala

Case brief

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What did the court decide?

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