Disposed

Dr. Chitra Raghavan v. the Controlling Authority Under the Payment of Gratuity Act

Kerala HC18 Jan 2023WP(C)/713/2023

Case brief

AI extract

What is this about?

The High Court of Kerala addressed a writ petition wherein the petitioner claimed the Controlling Authority failed to issue a certificate after deposit of the appeal amount. The petitioner filed an affidavit showing the certificate had been issued by the authority, vindicating the grievance. The Court ordered the writ petition closed.

What did the court decide?

Petitioner's grievance vindicated via affidavit; writ petition ordered to be closed.

Dr. Chitra Raghavan Vs the Controlling… — Pension and Retirement Benefits | Kerala HC (2023)

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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 AMIT RAWAL

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WEDNESDAY, THE 18^TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944 WP(C) NO. 713 OF 2023

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PETITIONER:

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DR. CHITRA RAGHAVAN AGED 55 YEARS,D/O.C.G.VIJAYA RAGHAVAN, SECRETARY, HOSPITAL DEVELOPMENT COMMITTEE, REGIONAL INSTITUTE OF OPHTHALMOLOGY,RED CROSS ROAD, VANCHIYOOR,THIRUVANANTHAPURAM, PIN - 695035 BY ADVS.GOPAKUMAR R.THALIYAL M.S.VIJAYACHANDRA ABABU R.B.BALACHANDRAN

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RESPONDENTS:

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1 THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (THE DEPUTY LABOUR COMMISSIONER AND SECRETARY, STATE ADVISORY CONTRACT LABOUR BOARD, THIRUVANANATHAPURAM) THOZIL BHAVAN, VIKAS BHAVAN, PMG, THIRUVANANTHAPURAM, PIN - 695033 2 THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT (REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM), WATER TANK BUILDING, NEAR COLLECTORATE, KOLLAM, PIN - 691013 3 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM (AUTHORITY UNDER THE REVENUE RECOVERY ACT), COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043 4 M.S. SASIDHARAN PULICKAL HOUSE, ANAYARA (P.O), THIRUVANANTHAPURAM, PIN – 695029 SRI.JUSTIN JACOB, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.713/2023

JUDGMENT

This Court on 11.01.2023 passed the following order:

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“The grievance expressed in the writ petition is that against the order of the controlling authority appeal within the period of limitation has been filed after complying with the conditions of deposit of the amount vide Demand Draft dated 25.02.2022 Ext.P3, but the Controlling authority for the reasons best known is not issuing the certificate disabling the petitioner to pursue the statutory appeal.

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2. It is really shocking for this Court to hear such grievance of the petitioner as the Controlling authority is statutorily required to issue the notices but despite that grievance has been raised in the present writ petition.

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3. Issue notice before admission. Mr.Jimmy George accepts notice and submits that the certificate will be issued in two days time.

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Post this matter on 18.01.2023. Learned Government Pleader is directed to file a short affidavit of the controlling authority showing the reasons of not issuing the certificate as the period of almost nine months has elapsed. It is made clear that if the reasons given in the affidavit are not satisfactory, this Court may be constrained to impose stringent condition against the officer concerned.”

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2. An affidavit has been filed whereby certificate of deposit

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of the amount for filing the appeal has been given to the counsel for the petitioner. In this view of the matter, the grievance of the petitioner stands vindicated.

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The writ petition is ordered to be closed.

Sd/-

AMIT RAWAL JUDGE

csl

APPENDIX OF WP(C) 713/2023

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE PASSED BY THE 1ST	ORDER DATED 09.10.2020 RESPONDENT.
Exhibit P2	TRUE COPY OF THE	APPEAL DATED 26.2.2022
Exhibit P3	TRUE COPY OF THE 25.02.2022.	DEMAND DRAFT DATED
Exhibit P4	TRUE COPY OF THE 25.02.2022.	COVERING LETTER DATED
Exhibit P5	TRUE COPY OF THE 26.02.2022.	PETITION DATED
Exhibit P6	TRUE COPY OF THE 01.11.2022 ALONG TRANSLATION IN EN	COMMUNICATION DATED WITH ITS TRUE GLISH.
Exhibit P7	TRUE COPY OF THE 17.11.2022	REPRESENTATION DATED
Exhibit P8	TRUE COPY OF THE 18.11.2022.	COMMUNICATION DATED
Exhibit P9	TRUE COPY OF THE 15.12.2022 ALONG TRANSLATION IN EN	COMMUNICATION DATED WITH ITS TRUE GLISH.
Exhibit P10	TRUE COPY OF THE DATED 02.09.2021 RESPONDENT ALONG TRANSLATION IN EN	REVENUE RECOVERY NOTICE ISSUED BY THE 3RD WITH ITS TRUE GLISH.

Dr. Chitra Raghavan v. the Controlling Authority Under the Payment of Gratuity Act

Case brief

What is this about?

What did the court decide?

Dr. Chitra Raghavan v. the Controlling Authority Under the Payment of Gratuity Act

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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