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Prof.Celine Thomas vs The Joint Director
2023 Latest Caselaw 1282 Ker

Citation : 2023 Latest Caselaw 1282 Ker
Judgement Date : 18 January, 2023

Kerala High Court
Prof.Celine Thomas vs The Joint Director on 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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