Disposed

Aboobacker v.P., v. State of Kerala

Kerala HC4 Jan 2022WP(C)/55/2022

Case brief

AI extract

What is this about?

Headmasters in aided schools filed a writ petition seeking direction to the Government to consider their representations regarding alleged textbook losses. The Court directed the respondent to process the representation within three months and defer all coercive recovery steps until a decision is taken.

What did the court decide?

Direction to the 1st respondent to consider Ex.P3 within three months and defer coercive recovery steps until a decision is taken.

Aboobacker v.P., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 4^TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943

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WP(C) NO. 55 OF 2022

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PETITIONER/S:

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1 ABOOBACKER V.P., HEADMASTER, JAMAATH HSS, THANDIKAD, MUDIKKAL P.O. KOTHAMANGALAM , ERNAKULAM 683 547.

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2 BASHEER KURUNIYAN, HEADMASTER, AKMHSS, KOTTOOR, INDIANOOR, MALAPPURAM 676 503.

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3 SHAJI VARGHESE, HEADMASTER, INFANT JESUS HS, VAZHAKULAM, MUVATTUPUZHA, ERNAKULAM 686 670.

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BY ADVS. AUGUSTINE JOSEPH TONY AUGUSTINE

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014. R BY GP SRI.JIMMY GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 55 OF 2022 ..2..

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JUDGMENT

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According to the petitioners, they are Headmasters

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in aided schools and they contend that the respondents are initiating steps against them to recover the alleged loss on account of distribution of text books for the period 2010-2018. The petitioners contend that they are not responsible for any loss as alleged. They had earlier approached this Court and this Court by Ext.P2 judgment directed the 2^nd respondent herein to dispose of the representations filed by them in this regard and directed the respondents to defer all coercive steps in the meantime. The petitioners now contend that pursuant to Ext.P2 judgment, the 2^nd respondent has not passed any order stating that they have no jurisdiction in the matter and it is for the 1^st respondent Government to consider the said representations. Accordingly, the petitioners have filed this writ petition for a direction to the 1^st respondent to consider Ext.P3 representation

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WP(C) NO. 55 OF 2022 ..3..

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within a time frame.

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Heard the learned Counsel for the petitioners and the learned Government Pleader.

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In the facts and circumstances of the case, there

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will be a direction to the 1^st respondent to consider and pass orders on Ext.P3 representation, with notice to the petitioners within a period of three months from the date of receipt of a copy of this judgment. Till such time a decision is taken as above, all coercive steps for recovering the amounts shall be deferred. The petitioners shall produce a copy of this writ petition along with a copy of this judgment before the 1^st respondent.

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The writ petition is disposed of accordingly.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SB/01/01/2022

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WP(C) NO. 55 OF 2022 ..4..

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APPENDIX OF WP(C) 55/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 18.9.2020 FROM THE PETITIONERS TO THE 2ND RESPONDENT. Exhibit P1 (A) TRUE TRANSLATION OF EXT. P1. Exhibit P2 TRUE COPY OF THE JUDGMENT IN WPC NO. 22816/2020 DATED 16.11.2020. Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE IST RESPONDENT DATED 20.12.2021. Exhibit P3 (A) TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE IST RESPONDENT DATED 20.12.2021 (TRANSLATION OF EXT. P3).

Aboobacker v.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Aboobacker v.P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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