Kerala High Court
K.S.Prakash vs Kerala State Co Operative Coir on 26 June, 1991
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 17TH DAY OF JUNE 2016/27TH JYAISHTA, 1938
WP(C).No. 20634 of 2016 (D)
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PETITIONER(S):
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K.S.PRAKASH,
S/O K.S. SHIVAGIRI, AGED 52,
KUNNUMPURATH HOUSE, KUNINJI P.O., VAZHITHALA,
THODUPUZHA - 685 583.
BY ADVS.SMT.AYSHA YOUSEFF
SMT.MOLLY JACOB
SRI.JOBI.A.THAMPI
SMT.M.KABANI DINESH
SMT.FASHIYA YOUSEFF
SRI.SHOUKATH HUSAIN
SMT.PRIYANKA SEBASTIAN
SMT.ASHIFA YOUSEFF
RESPONDENT(S):
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1. KERALA STATE CO OPERATIVE COIR
MARKETING FEDERATION LTD,
REPRESENTED BY ITS MANAGING DIRECTOR,
(CIORFED), ALAPPUZHA 688 012.
2. MANAGING DIRECTOR,
KERALA STATE CO-OPERATIVE COIR
MARKETING FEDERATION LTD,
(COIRFED), ALAPPUZHA 688 012.
3. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, TRIVANDRUM 695 001.
R1 & R2 BY SRI.JOBY CYRIAC, SC, COIRFED
R3 BY GOVERNMENT PLEADER SRI.T.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-06-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 20634 of 2016 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 PHOTOCOPY OF THE APPOINTMENT ORDER
DATED 26-06-1991
EXHIBIT P2 PHOTO COPY OF THE ORDER DATED 18-09-2002
EXHIBIT P3 PHOTO COPY OF THE ORDER DATED 26-09-2005
EXHIBIT P4 PHOTO COPY OF THE NOTIFICATION DATED 03-12-2010
EXHIBIT P5 PHOTO COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT DATED 01-02-2011
EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED 06-08-2015
EXHIBIT P7 PHOTO COPY OF THE JUDGMENT DATED 27-08-2009 IN
WP(C) 31670/2008
EXHIBIT P8 PHOTO COPY OF THE PROCEEDINGS DATED 05-05-2011
EXHIBIT P9 PHOTO COPY OF THE ORDER DATED 19-07-2012
EXHIBIT P10 PHOTOCOPY OF THE REPRESENTATION DATED 01-06-2012
RESPONDENT(S)' EXHIBITS:
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NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J
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W.P.(C)NO.20634 OF 2016
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Dated this the 17th day of June, 2016
J U D G M E N T
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This writ petition is filed by the petitioner seeking to quash Ext.P9 order whereby a direction was issued to recover an amount of Rs.43,623/- (Rupees forty three thousand six hundred and twenty three only) from the petitioner and for other related reliefs. Contention raised by the petitioner in this writ petition is that petitioner was provided with the charge of various managerial posts at different points of time in the first respondent. It is urged by the petitioner that, petitioner is entitled to get charge allowance for the post officiated by the petitioner in various capacities. In that regard petitioner has submitted Ext.P10 representation before the first respondent and the same is pending consideration. It is for the first W.P.(C)NO.20634 OF 2016 2 respondent to take a decision with respect to the claims raised by the petitioner. According to the petitioner, Ext.P10 is pending consideration with effect from 01.06.2012 before the first respondent. True, the immediate reason for the petitioner to invoke the writ jurisdiction is Ext.P9 wherein there is a direction to recover certain amounts from the petitioner. According to the petitioner if the charge allowance is provided to the petitioner the recovery need not be effected as sought for under Ext.P9. It is in this background this writ petition is filed.
2. Having heard the learned counsel for the petitioner, learned Government Pleader and the counsel for the first respondent, there will be a direction to the first and second respondents to take a decision on Ext.P10 representation submitted by the petitioner within a period of one month from the date of receipt of a copy of this judgment. If any co-ercive action is initiated pursuant to Ext.P9, same shall be kept in abeyance for a period of 45 days. Thereafter it W.P.(C)NO.20634 OF 2016 3 will be guided by the decision taken on Ext.P10.
The writ petition is disposed of accordingly.
sd/-
SHAJI P. CHALY, JUDGE R.AV