In a contempt petition filed for non-payment of gratuity and interest, the petitioner submitted that the entire amount due had been released. Agreed facts precluding further cause of action were accepted, and the petition was ordered to be closed.
Petition for contempt is ordered to be closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 CON.CASE(C) NO. 1649 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 21172/2021 OF HIGH COURT OF KERALA
PETITIONER/S:
MADHUSOODANAN. M AGED 58 YEARS S/O PARAMESWARAN NAMBOOTHIRI, RETIRED HEADMASTER, VALAL U.P. SCHOOL, KOTTATHARA, MADAKKUNNU P.O, WAYANAD DIST. PIN : 673122 RESIDING AT MOOTHEDATHILLAM, MADAKKUNNU P.O, KALPETTA, WAYANAD DIST., PIN - 673122
BY ADV MURALI PALLATH
RESPONDENT/S:
1 SRI. A.P.M. MOHAMMED HANISH, IAS PRINCIPAL SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEX II), THIRUVANANTHAPURAM (AGE AND NAME OF FATHER NOT KNOWN TO THE PETITIONER), PIN - 695001 2 SRI. JEEVAN BABU. K, IAS DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O, THIRUVANANTHAPURAM (AGE AND NAME OF FATHER NOT KNOWN TO THE PETITIONER), PIN - 695014 3 SMT. SASIPRABHA. K DEPUTY DIRECTOR OF EDUCATION WAYANAD, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KALPETTA, WYANAD DIST. (AGE AND NAME OF FATHER NOT KNOWN TO THE PETITIONER), PIN - 673122 4 SRI. MOHANAN. V ASSISTANT EDUCATIONAL OFFICER, VYTHIRI, KALPETTA P.O, WAYANAD DIST. (AGE AND NAME OF FATHER NOT KNOWN TO THE PETITIONER), PIN - 673122 5 SRI. THOMAS P VARGHESE HEADMASTER, VALAL U.P. SCHOOL, KUTTATHARA, MADAKKUNNU P.O, WAYANAD DIST. (AGE AND NAME OF FATHER NOT KNOWN TO THE PETITIONER), PIN – 673122 GP JUSTIN JACOB
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 1649 OF 2022
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JUDGMENT
This court on 11.1.2023 had passed the following order:
In response to the order dated 06.12.2022, the Assistant Educational Officer, Vythiriis present in Court. It is contended that the amount of Rs.13,60,260/- as gratuity has already been released to the petitioner. However, the interest of Rs.2,00,000/and the alleged liability amount of Rs.23,330/- are to be disbursed, for which, sanction dated 10.01.2023 has already been issued by the Government and the amount will be disbursed in a week or in 15 (fifteen) days' time.In case the amount as sanctioned is not disbursed, the AEO, Vythiri, should be present in court on 03.02.2023.
Learned counsel for the petitioner submitted that the entire
amount due has already been released. In this view of the matter,
no further cause of action survives. Contempt petition is ordered to be closed.
Sd/-
sab
AMIT RAWAL
JUDGE
CON.CASE(C) NO. 1649 OF 2022
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APPENDIX OF CON.CASE(C) 1649/2022
PETITIONER ANNEXURES
Annexure1 ANNEXUE I Annexure II ANNEXURE II
1 issue framed by the court
Whether the contempt petition for non-payment of gratuity survives in view of the petitioner's submission that the amount has been released.
MADHUSOODANAN. M
SRI. A.P.M. MOHAMMED HANISH
SRI. JEEVAN BABU. K
SMT. SASIPRABHA. K
SRI. MOHANAN. V
SRI. THOMAS P VARGHESE
AMIT RAWAL
As recorded by the court registry
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