Allowed

Ripson Das v. State of Kerala

Kerala HC20 Mar 2024WP(C)/2862/2024

Case brief

AI extract

What is this about?

Petitioner sought release of a deposit of Rs.4,93,610/- from the Kerala Health Research and Welfare Society. Standing Counsel suggested consideration of his pending representation. Court directed the Society to dispose of the representation after hearing him within one month and release eligible amounts thereafter.

What did the court decide?

Direction to 3rd respondent to consider and dispose of Ext.P12 representation after hearing petitioner, within one month; release eligible amounts thereafter.

Ripson Das Vs State of Kerala — Service and Employment | Kerala HC (2024)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945

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WP(C) NO. 2862 OF 2024

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PETITIONER:

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RIPSON DAS, AGED 57 YEARS,
RIPSON DAS, KUNNUMPURAM BUNGLOW,
CHANGA ARYANADU POST,
THIRUVANANTHAPURAM, PIN – 695542.

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BY ADV ARUN.R

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY PLANNING ROOM NO 603,
6TH FLOOR, ANNEX-II SECRETARIAT,
THIRUVANANTHAPURAM., PIN – 682031.

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2 THE CHAIRMAN, THE KERALA HEALTH RESEARCH WELFARE SOCIETY, ROON NO 701 7TH FLOOR ANNEX-II SECRETARIATE THIRUVANANTHAPURAM, PIN – 695001.

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3 THE KERALA HEALTH RESEARCH AND WELFARE SOCIETY GENERAL HOSPITAL CAMPUS, RED CROSS ROAD THIRUVANANTHAPURAM, REPRESENTED BY IT MANAGING DIRECTOR, PIN – 695035.

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BY ADVS.

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SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE
SRI.SUNIL KUMAR KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2862 OF 2024

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-2-

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JUDGMENT

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The petitioner has approached this Court,

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seeking a direction to respondents 1 to 3 to
return/release to him the deposit amount of
Rs.4,93,610/-, along with applicable interest,

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within a time frame to be fixed by this Court.

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2.Sri.M.Ajay – learned Standing Counsel
for respondents 2 and 3, in response to the
afore request of the petitioner, as made by his
learned counsel - Sri.Arun Raveendran K.,
submitted that there are provisions in the
Kerala Financial Code, namely Clauses 282 and
282A thereof, to the effect that the deposits
which are more than three years old will have to
go back to the Government; consequent to which,

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they will have to be released only by the
Accountant General. He, however, submitted that,
if the petitioner is agreeable, then Ext.P12

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WP(C) NO. 2862 OF 2024

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-3-

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representation, made by him before the 3rd

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respondent, can be considered after hearing him,
so that all these issues can then be dealt with
in terms of law.

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3.Sri.Arun Raveendran K. - learned counsel

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for the petitioner, acceded to the afore
suggestion.

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In the afore circumstances, I allow this

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Writ Petition, directing the 3rd respondent to
take up Ext.P12 representation of the petitioner
and dispose of the same, after affording him an
opportunity of being heard; thus culminating in
an appropriate order and necessary action
thereon, as expeditiously as is possible, but

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not later than one month from the date of
receipt of a copy of this judgment.

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If, through the afore exercise, any amounts,

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or portions thereof, are found eligible to the
petitioner, and if it is within the competence

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WP(C) NO. 2862 OF 2024

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of respondents 2 and 3 to release the same,
then action for it shall be completed within a
period of one month thereafter, subject to the
provisions of the Kerala Financial Code, or any

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other applicable Rules or Regulations.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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akv

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WP(C) NO. 2862 OF 2024

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-5-

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APPENDIX OF WP(C) 2862/2024

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PETITIONER EXHIBITS

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`EXHIBIT P-1`	`THE AGREEMENT`	`EXECUTED BY`	`THE`	`3RD`
	`RESPONDENT TO` `67/KHRWS/2006-`	`THE PETITIONER` `07) DATED 22-08-`	`(AG` `2007`	`NO.`
`EXHIBIT P-2`	`THE AGREEMENT` `RESPONDENT TO` `60/KHRWS/2007-`	`EXECUTED BY` `THE PETITIONER` `08) DATED 29-03-`	`THE` `(AG` `2008`	`3RD` `NO.`
`EXHIBIT P-3`	`THE AGREEMENT` `RESPONDENT TO` `11/KHRWS/2008-`	`EXECUTED BY` `THE PETITIONER` `09) DATED 14-05-`	`THE` `(AG` `2008`	`3RD` `NO.`
`EXHIBIT P-4`	`THE AGREEMENT` `RESPONDENT TO` `NO.12/KHRWS/20`	`EXECUTED BY` `THE PETITIO` `08-09) DATED 14-`	`THE` `NER` `05-2`	`3RD` `(AG` `008.`
`EXHIBIT P-5`	`THE AGREEMENT` `RESPONDENT` `(AGNO.34/KHRWS` `2009`	`EXECUTED BY` `TO` `THE` `PE` `/2008-09) DATED`	`THE` `TITI` `07`	`3RD` `ONER` `-11-`
`EXHIBIT P-6`	`THE RENEWAL` `PETITIONER` `NO.30/2009/KHR` `2009) DATED 24`	`LETTER ISSUED` `WS/2008-09 DATE` `-02-2009`	`TO` `(TE` `D 11`	`THE` `NDER` `-02-`
`EXHIBIT P-7`	`THE RENEWAL` `PETITIONER (TE` `2009) DATED 31`	`LETTER ISSUED` `NDER NO. 32/200` `-03-2009`	`TO` `9/11`	`THE` `-02-`
`EXHIBIT P-8`	`THE AGREEMENT` `RESPONDENT TO` `14/KHRWS/2012-`	`EXECUTED BY` `THE PETITIONER` `13) DATED 23-08-`	`THE` `(AG` `2012`	`3RD` `NO.`
`EXHIBIT P-9`	`THE AGREEMENT` `RESPONDENT` `(AGNO.15/KHRWS` `2012`	`EXECUTED BY` `TO` `THE` `PE` `/2012-13) DATED`	`THE` `TITI` `23`	`3RD` `ONER` `-08-`

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WP(C) NO. 2862 OF 2024

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-6-

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EXHIBIT P-10THE AGREEMENT (AGN. 16/2012-13/KHRWS)
DATED 27-08-2012
EXHIBIT P-11AGREEMENT(AGNO.32/KHRWS/2012-13)
DATED 26-09-2012
EXHIBIT P-12REPRESENTATION DATED 11-07-2023 MADE
TO THE 3RD RESPONDENT BY THE
PETITIONER

Ripson Das v. State of Kerala

Case brief

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What did the court decide?

Ripson Das v. State of Kerala

Case brief

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