Disposed

Kerala State Civil Supplies Officers Association v. Kerala State Civil Supplies Corporation

Kerala HC2 Sept 2021WP(C)/9372/2021

Case brief

AI extract

What is this about?

Employees challenged deficit liability notices arising from an audit report in light of billing system defects. The court directed the Managing Director to consider a specific representation and expedite disposal.

What did the court decide?

Direction to First Respondent to consider Petitioners'.Ext.P10 representation and dispose it within one month by affording hearing to Petitioners.

Kerala State Civil Supplies Officers… — Pension and Retirement Benefits | Kerala HC (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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THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943

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WP(C) NO. 9372 OF 2021

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PETITIONERS:

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1 KERALA STATE CIVIL SUPPLIES OFFICERS ASSOCIATION REPRESENTED BY ITS PRESIDENT B.PADMA KUMAR, AGED 51 YEARS, S/O BHASKARAN NAIR, VAISHNAVAM, KOLLAM-695021.

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2 SHIJU.K. THANKACHAN GENERAL SECRETARY, KERALA CIVIL SUPPLIES OFFICERS ASSOCIATION, STATE COMMITTEE, 411 SANGEETH NAGAR, THYCAUD, THIRUVANANTHAPURAM-695014.

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3 VIPINRAJ AGED 37 YEARS S/O VELAYUDHAN, KODUVARA, WEST KADUNGALLUR, ALUVA-683150.

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4 AMBIKA.T. AGED 58 YEARS RESIDING AT AMBADI, AVOLI P.O, MUVATTUPUZHA-686620.

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BY ADV S.KRISHNAMOORTHY

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RESPONDENTS:

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1 KERALA STATE CIVIL SUPPLIES CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, KADAVANTHRA, KOCHI-682020.

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2 THE REGIONAL MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION,

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WP(C) NO. 9372 OF 2021

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MAVELI BHAVAN, KADAVANTHRA, KOCHI-682020.

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3 THE MANAGER-MARKETING, KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, KADAVANTHRA, KOCHI-682020.

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4 THE MANAGER-AUDIT AND REPORTS KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, KADAVANTHRA, KOCHI-682020.

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BY ADV. ANTONY MUKKATH FOR R1 - R4

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9372 OF 2021

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JUDGMENT

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Dated this the 02^nd day of September, 2021

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The petitioners are the employees of the respondent

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Civil Supplies Corporation / persons on deputation from the Kerala State Civil Supplies Department. Ext.P3 notice was issued to them imposing liability on them for the deficit during the relevant period based on the audit report. The petitioners have submitted their replies. The grievance of the petitioners was that with the introduction of the automatic billing system, excess payment if any, will neither be reflected in the data nor can be separately found out. This has affected the billing system, it was contended. They submitted Ext.P10 representation before the Managing Director who is arrayed as the first respondent. The limited prayer that was advanced at the time of hearing by the learned Counsel for the petitioners was for a direction to the first respondent to take up and consider Ext.P10 representation as expeditiously as possible.

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After having heard the learned Counsel for the

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WP(C) NO. 9372 OF 2021

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petitioner, the learned Government Pleader and the learned Standing Counsel for the Civil Supplies Corporation, I am inclined to dispose of the Writ Petition itself by directing the first respondent to take up and consider Ext.P10 representation and to dispose it of after giving a reasonable opportunity of being heard to the authorised representative of the petitioners or their office bearer of the association, either physically or if not possible, through video conferencing, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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In the meanwhile, though the respondent is free to take a final decision on the basis of Ext.P3, after considering the replies given by the petitioners, no recovery, if ordered, shall be effected.

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The Writ Petition is accordingly, disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/2-9

WP(C) NO. 9372 OF 2021

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APPENDIX OF WP(C) 9372/2021

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PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF LETTER ISSUED TO REGIONAL MANAGERS AND DEPOT MANAGERS BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER TO SUBMIT THE REPORT ISSUED TO THE REGIONAL MANAGERS BY THE CORPORATION DATED 31.1.2019. EXHIBIT P3 TRUE COPY OF NOTICE ISSUED TO 2ND PETITIONER DATED 6/7/2019 BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY GIVEN BY 2ND PETITIONER DATED 24/08/2020. EXHIBIT P5 TRUE COPY OF NOTICE ISSUED TO 3RD PETITIONER DATED 8/11/2018. EXHIBIT P6 TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 22/7/2020 ISSUED BY THE ACCOUNTS OFFICER OF THE PRINCIPAL ACCOUNTANT GENERAL (AE) KERALA.

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EXHIBIT P7 TRUE COPY OF THE LETTERS ISSUED BY 1ST RESPONDENT LIMITING QUANTITY AND PRICE OF SALE OF SUBSIDY ITEMS DATED 05.11.2014.

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EXHIBIT P8 TRUE COPY OF THE LETTERS ISSUED BY 1ST RESPONDENT LIMITING QUANTITY AND PRICE OF SALE OF SUBSIDY ITEMS DATED 20.10.2015.

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EXHIBIT P9 TRUE COPY OF THE LETTER DATED 12.1.2016, INCORPORATING THE FEATURES IN SOFTWARE VERSION ISSUED BY THE 3RD RESPONDENT MANAGER TO ALL DEPOT MANAGERS. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED

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WP(C) NO. 9372 OF 2021

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26.02.2021 GIVEN BEFORE 1ST RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Kerala State Civil Supplies Officers Association v. Kerala State Civil Supplies Corporation

Case brief

What is this about?

What did the court decide?

Kerala State Civil Supplies Officers Association v. Kerala State Civil Supplies Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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