N.Ramanujan vs Coir Board
2021 Latest Caselaw 5092 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                      WP(C).No.19870 OF 2012(G)


PETITIONERS:

      1        N.RAMANUJAN, MACHINE OPERATOR (RETIRED),
               COIR BOARD, COIR HOUSE, M.G.ROAD,
               KOCHI - 682 016,
               NOW RESIDING AT KALARIKKALTHARA HOUSE,
               MANNANCHERY P.O., ALAPPUZHA -688 538.

      2        P.A.JOHNKUTTY, HELPER (RETIRED),
               COIR BOARD, COIR HOUSE, M.G.ROAD,
               KOCHI - 682 016, NOW RESIDING AT PALLIPARAMBIL,
               THUMBOLI P.O., ALAPPUZHA - 688 008.

      3        V.MOHANDAS, DYEING MAISTRY, (RETIRED),
               COIR BOARD, COIR HOUSE, M.G.ROAD,
               KOCHI - 682 016, NOW RESIDING AT VELIYIL HOUSE,
               KALAVOOR P.O., ALAPPUZHA - 688 522.

      4        K.VIJAYAPPAN, DYEING MAISTRY (RETIRED),
               COIR BOARD, COIR HOUSE, M.G.ROAD,
               KOCHI - 682 016, NOW RESIDING AT AMBALAKANDATHIL,
               ARYAD NORTH P.O., ALAPPUZHA - 688 542.

      5        S.CHANDRACHOODAN PILLAI,
               MACHINE OPERATOR (RETIRED), COIR BOARD,
               COIR HOUSE, M.G.ROAD,
               KOCHI - 682 016, NOW RESIDING AT POIKAYIL HOUSE,
               ADICHANELLOOR P.O., KOLLAM - 691 753.

               BY ADVS.
               SRI.K.JAJU BABU (SR.)
               SRI.BRIJESH MOHAN
               SMT.DHANYA CHANDRAN
               SRI.T.R.SADEESAN
               SMT.M.U.VIJAYALAKSHMI

RESPONDENTS:

      1        COIR BOARD, M.G.ROAD, KOCHI - 682 016,
               REPRESENTED BY ITS SECRETARY.
 WP(C).No.19870 OF 2012(G)

                            -2-


     2     UNION OF INDIA,
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES,
           UDYOG BHAVAN, NEW DELHI - 110 011.

           BY ADV. SMT.O.M.SHALINA, CGC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.19870 OF 2012(G)

                                  -3-



                            JUDGMENT

Dated this the 11th day of February 2021

When this matter was called today,

Sri.Brijesh Mohan - learned counsel appearing for

the petitioners and Smt.O.M.Shalina - learned

Central Government Counsel, are ad idem that

identical issues were considered by another

learned Judge of this Court in a judgment dated

18.11.2019, in W.P.(C)No.17853 of 2011. Both of

them, therefore, prayed that this writ petition be

also disposed of in terms of the directions

contained in the said judgment.

In the afore circumstances, I set aside the

orders impugned in this writ petition and direct

the respondents to issue notice to the

petitioners, along with copies of audit objections

and give them an opportunity of showing cause

against any proposal for recovery. WP(C).No.19870 OF 2012(G)

On such notice being received by the

petitioners, they will be at liberty to file their

objections to the same and respondents will,

thereafter, consider it and also afford an

opportunity of being heard to them - either

physically or through video conferencing - and

issue appropriate orders thereon, within a period

of three months from the date on which such

objections are received.

It is needless to say, if the Director of

RDTE has been granted any benefits shall also be

kept in mind by the respondents, while the afore

exercise is completed.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C).No.19870 OF 2012(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF OFFICE ORDER NO.33 DATED 06.06.2000 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 COPY OF OFFICE ORDER NO.10 DATED 17.02.2003 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 COPY OF ORDER NO.CB/ADM./2002/3/2 DATED 14.02.2006 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 COPY OF THE REPORT DATED 13.11.2006 SUBMITTED FOR RECTIFICATION OF ANOMALIES IN IMPLEMENTATION OF ACP SCHEME IN COIR BOARD.

EXHIBIT P5 COPY OF ORDER NO.CB/ADM.2007/3/2 DATED 11.10.2007 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 COPY OF THE MEMO NO.CB/ADM.ESTT./2006/23/4 DATED 27.06.2012 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P7 COPY OF THE MEMO NO.CB/ADM.ESTT./2008/23/3 DATED 27.06.2012 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P8 COPY OF THE MEMO NO.CB/ADM.ESTT./2008/23/10 DATED 27.06.2012 ISSUED BY THE 1ST RESPONDENT TO THE 4TH PETITIONER.

EXHIBIT P9 COPY OF THE AUDIT NOTE NO.CAB/ADM./ESTT.2008/23/3 DATED 18.07.2011 ISSUED BY THE 1ST RESPONDENT.

WP(C).No.19870 OF 2012(G)

EXHIBIT P10 COPY OF THE OFFICE ORDER NO.174 DATED 14.11.2011 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 COPY OF THE SALARY STATEMENT FOR JULY, 2010, AUGUST 2010 AND MAY 2011 INCLUDING PAY FIXATION ORDER RELATING TO DR.UMA SHANKAR SHARMA ISSUED BY THE 1ST RESPONDENT VIDE PAY REFIXATION ORDER NO.CB/ADM.1992/13/3 VOL.III DATED 08.03.2011.

EXHIBIT P12 COPY OF THE ORDER DATED 01.07.2011 IN WP(C) NO.17853/2011 OF THIS HON'BLE COURT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE