Disposed

P.M. Sugathan, v. State of Kerala

Kerala HC26 Nov 2021WP(C)/22911/2021

Case brief

AI extract

What is this about?

In this writ petition concerning an employee's liability for alleged excess savings, the court directed respondents to expeditiously reconsider a plea for waiver of the liability and reserved the right to challenge if a new demand notice is issued.

What did the court decide?

The court directed respondents to consider the petitioner's representation for waiver of liability within one month.

P.M. Sugathan, Vs State of Kerala — Service and Employment | Kerala HC (2021)

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W.P(C).22911/2021

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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 SUNIL THOMAS

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FRIDAY, THE 26^TH DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, 1943

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WP(C) NO. 22911 OF 2021

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PETITIONER/S:

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P.M. SUGATHAN, AGED 61 YEARS, S/O. K.K. MADHAVAN, PANACHIKKAL HOUSE, MARADU POST, ERNAKULAM DISTRICT682004.

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BY ADV SAJI SANKARAN NAIR

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695001.

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2 THE KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY ITS THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, MAVELI ROAD GANDHI NAGAR, ERNAKULAM-682020.

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3 THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, MAVELI ROAD GANDHI NAGAR, ERNAKULAM-682020.

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4 THE ADDITIONAL GENERAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, MAVELI ROAD GANDHI NAGAR, ERNAKULAM-682020.

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5 THE DEPOT MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, FORT, MAVELI ROAD GANDHI NAGAR, ERNAKULAM-682020.

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BY ADV SMT.MOLLY JACOB,SC,SUPPLYCO

W.P(C).22911/2021

OTHER PRESENT:

GP V.VENUGOPAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).22911/2021

JUDGMENT

Petitioner was an employee of the respondent/Corporation, who retired from the service on 31.03.2018. On an allegation that, he had sold more quantity allotted to the outlet, Ext.P1 was issued to him calling upon him to remit Rs.35,952/-. Aggrieved by the service of Ext.P1, petitioner had approached this Court, which resulted in Ext.P2 judgment. It was disposed of with a direction that the respondents shall release the amounts withheld from the petitioner's gratuity with statutory interest at the earliest. However, petitioner has been issued with Ext.P3 demand notice again, is the grievance of the writ petitioner.

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Learned Standing Counsel for the Corporation invited my attention to Ext.P3 to point out that, it was only an internal communication between the Area Manager and the Junior Manager, wherein, it was requested to take necessary steps for recovery. Evidently, it is not a demand notice. Hence the relief sought cannot be granted.

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At the time of disposal of the writ petition, learned counsel for the petitioner submitted that, petitioner has submitted representation dated 24.11.2021 requesting for waiver of the liability. The authority may consider that representation as expeditiously as possible, at any rate, within a period of one month from the date of

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W.P(C).22911/2021

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receipt of that representation, if any, received.

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Writ Petition is disposed of as above, reserving the right to challenge, if any demand notice is issued.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

W.P(C).22911/2021

APPENDIX OF WP(C) 22911/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF SUCH NOTICE NO. IAW7-6847/2018 DATED 26/03/2018 ISSUED BY THE RESPONDENT. Exhibit P2 COPY OF JUDGMENT OF THIS COURT DATED 30/07/2019 IN WRIT PETITION NO.10002/2019. Exhibit P3 COPY OF SUCH NOTICE NO. IAW7-25531/19(1) DATED 14/10/2021 ISSUED BY THE RESPONDENT. Exhibit P4 COPY OF COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE DEPOT MANGERS DATED 12/01/2016.

P.M. Sugathan, v. State of Kerala

Case brief

What is this about?

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P.M. Sugathan, v. State of Kerala

Case brief

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