Kerala High Court
M.P.Varghese vs State Of Kerala on 8 March, 2019
Author: Anu Sivaraman
Bench: Anu Sivaraman
WP(C).25527/14 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
WP(C).No. 25527 of 2014
PETITIONER/S:
M.P.VARGHESE
AGED 44 YEARS
S/O.M.J.PHILIP, ASSISTANT PROFESSOR IN MECHANICAL
ENGINEERING, MODEL ENGINEERING COLLEGE, THRIKKAKARA
ERNAKULAM, RESIDING AT 33/988 B, KALEECKAL, PATTATH
ROAD, CHALIKAVATTOM, VENNALA PO, ERNAKULAM.
BY ADVS.
SRI.S.SUBHASH CHAND
SRI.S.JAYAKRISHNAN
SRI.S.PARAMESWARA PRASAD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
695001.
2 THE EXECUTIVE COMMITTEE OF
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT, PRAJO'E
TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR, PIN. 695 014
3 THE DIRECTOR OF TECHNICAL EDUCATION
THIRUVANANTHAPURAM, PIN 695001.
4 THE ACCOUNTANT GENERAL AE AUDIT KERALA
THIRUVANANTHAPURAM, PIN 695001.
5 INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
PRAJO'E TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR, PIN. 695 014.
WP(C).25527/14 2
6 THE PRINCIPAL
MODEL ENGINEERING COLLEGE, THRIKKAKARA, ERNAKULAM
PIN.682 021
BY ADVS.
SRI.DEEPU THANKAN, SC, IHRD
OTHER PRESENT:
MARY BEENA GEORGE GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).25527/14 3
ANU SIVARAMAN, J.
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W.P(C).No. 25527 of 2014
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Dated this the 8th day of March, 2019
JUDGMENT
This writ petition is filed challenging the action taken by the respondents to recover the amounts paid as emoluments to the petitioner. There was an interim order issued by this Court on 30.9.2014 at the time of admission of the writ petition which has been extended until further orders in 2014 itself.
2. It is submitted by the learned Standing Counsel for IHRD that a scheme has been implemented by the IHRD permitting the employees to pay off the amount in instalments.
3. I am of the opinion that in view of the interim order issued by this Court, any further recovery from the petitioner can only be after issuing notice to the petitioner and considering his contentions.
The writ petition is, therefore, disposed of directing that the recovery of any amount from the petitioner can only be made after putting the petitioner on notice and after hearing him.
Sd/-
ANU SIVARAMAN JUDGE vgs8/3 WP(C).25527/14 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 EXT.P1 - TRUE COPY OF THE APPOINTMENT ORDER NO.E1/4716/95/HRD DATED 2-5-1996 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2 EXT.P2 - TRUE COPY OF THE ORDER NO.E1/7151/98/HRD DATED 8-9-1998 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P3 EXT.P3 - TRUE COPY OF THE ORDER NO.EA3/3803/2011/HRD (1) DATED 6-7-2011 SISUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P4 EXT.P4 - TRUE COPY OF THE STATEMENT OF FIXATION OF PAY DATED 13-8-2014 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P5 EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 28-8-2014 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXHIBIT P6 EXT.P6 - TRUE COPY OF THE ORDER EA3/11649/2013/HRD DATED 21-8-2014 ISSUED BY THE 5TH RESPONDENT EXHIBIT P7 EXT.P7 - TRUE COPY OF THE APPEAL DATED 01- 09-2014 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.