The Court disposes of a writ petition challenging an order demanding repayment of night out allowance, accepting that a Government letter exempts the petitioner from recovery, thus removing apprehension.
Writ petition disposed of due to Government exemption letter precluding apprehension of recovery.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 220 OF 2013
PETITIONER/S:
P.M.JOHN AGED 61 YEARS HOUSING COMMISSIONER & EX-OFFICIO SECRETARY (RETD), KERALA STATE HOUSING BOARD, D-6, PILLA VEEDU NAGAR, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADV JAMES KURIAN
RESPONDENTS:
1 KERALA STATE HOUSING BOARD REPRESENTED BY ITS SECRETARY, SHANTHI NAGAR, THIRUVANANTHAPURAM 695 001. 2 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 3 SECRETARY HOUSING (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. BY ADVS. SHRI.K.DENNY DEVASSY, SC, K.S.H.B. MANOJ RAMASWAMY T.K.SAJEEV BY GOVERNMENT PLEADER SRI. K.M.FAISAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.220 of 2013
2
JUDGMENT
This writ petition is filed for the following reliefs:
memo producing letter No. 3929/A1/11/housing dated
14.02.2013 by which the Government have directed
the Secretary to Kerala State Housing Board not to recover the night out allowance paid to the petitioner.
In the light of the said Government letter dated
W.P.(C) No.220 of 2013
3
14.2.2013, there cannot be any apprehension for the petitioner that the amount of Rs.72,650/- received by the petitioner as night out allowance will be recovered from him.
Accordingly, the writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN, JUDGE
al/-
W.P.(C) No.220 of 2013
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APPENDIX OF W.P.C 220OF 2013.
EXT.P1 -TRUE COPY OF THE BOARD'S DECISION DATED 20.06.2003.
EXT.P2- TRUE COPY OF THE BOARD'S DECISION DATED 18.12.2003.
EXT.P3- TRUE COPY OF THE MINUTES OF THE BOARD MEETING DATED 18.12.2003.
EXT.P4- TRUE COPY OF THE REPRESENTATION BEFORE THE GOVERNMENT.
EXT.P5- TRUE COPY OF THE LETTER DATED 30.10.12 OF THE BOARD.
EXT.P6- TRUE COPY OF THE LETTER DATED 19.09.12 RECEIVED FROM THE 2ND RESPONDENT.
3 issues framed by the court
Whether the respondent's threat to recover night out allowance remains valid after a government letter exempts the payment.
Whether to quash the respondent's order demanding repayment of the night out allowance.
Whether the writ petition for certiorari to quash the recovery order deserves allowance.
P.M. John
Kerala State Housing Board
State of Kerala
Secretary Housing (A) Department
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
