Citation : 2023 Latest Caselaw 1282 Ker
Judgement Date : 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 41514 OF 2022
PETITIONER:
PROF.CELINE THOMAS
AGED 57 YEARS
W/O.ROY J PAUL, ELAMKAVIL HOUSE, THOTTAKKADU P.O,
KOTTAYAM - 686 539
BY ADV S.SUJIN
RESPONDENT/S:
1 THE JOINT DIRECTOR
CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES
GANDHINAGAR P.O, KOTTAYAM - 686 008
2 DIRECTOR
CENTRE FOR PROFESSIONAL AND ADVANCED STUDIES
GANDHINAGAR P.O, KOTTAYAM - 686 008
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
EDUCATION,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -
695 001
SRI.P.C.SASIDHARAN -SC
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. 41514 OF 2022
2
JUDGMENT
The petitioner alleges that her salary for
the month of April, 2019 has been withheld by
respondents 1 and 2 without assigning any
reason. She says that even though she has
preferred several representations against this
- copies of which having been placed on record
as Exts.P1 to P3 - no action has been taken on
it until now. She thus prays that competent
among respondents 1 and 2 be directed to
disburse to her the eligible salary, within a
time frame to be fixed by this Court.
2. Sri.P.C.Sasidharan - learned Standing
Counsel for respondents 1 and 2, in response
to the afore submissions of Sri.S.Sujin -
learned counsel for the petitioner, submitted
that there are valid reasons why the WP(C) NO. 41514 OF 2022
petitioner's salary has been withheld and that
if this Court is so inclined, they will place
the same on record, through a counter
pleading.
3. Even when I hear Sri.P.C.Sasidharan on
the afore lines, the fact remains that the
decision on the petitioner's representations
will have to be first taken by the competent
among respondents 1 and 2, before this Court
can enter into the merits of the same.
4. I am, therefore, of the firm view that
the petitioner must be heard by the competent
among respondents 1 and 2, leading to an
appropriate order on her representations,
without any further delay.
Resultantly, I order this writ petition
and direct the competent among respondents 1
and 2 to hear the petitioner, adverting to her WP(C) NO. 41514 OF 2022
representations, namely Exts.P1 to P3 and take
a decision on her claim, as expeditiously as
is possible, but not later than one month from
the date of receipt of a copy of this
judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 41514 OF 2022
APPENDIX OF WP(C) 41514/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 15.06.2019 FILED BEFORE THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 13.08.2020 SUBMITTED BEFORE THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 01.09.2022 FILED BEFORE THE 2ND RESPONDENT.
//TRUE COPY//
P.A. TO JUDGE
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