Dr. Chitra Raghavan vs The Controlling Authority Under ...
2023 Latest Caselaw 1295 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        WP(C) NO. 713 OF 2023
PETITIONER:

          DR. CHITRA RAGHAVAN
          AGED 55 YEARS,D/O.C.G.VIJAYA RAGHAVAN,
          SECRETARY, HOSPITAL DEVELOPMENT COMMITTEE,
          REGIONAL INSTITUTE OF OPHTHALMOLOGY,RED CROSS ROAD,
          VANCHIYOOR,THIRUVANANTHAPURAM, PIN - 695035

          BY ADVS.GOPAKUMAR R.THALIYAL
          M.S.VIJAYACHANDRA ABABU
          R.B.BALACHANDRAN


RESPONDENTS:

    1     THE CONTROLLING AUTHORITY UNDER
          THE PAYMENT OF GRATUITY ACT
          (THE DEPUTY LABOUR COMMISSIONER AND SECRETARY,
          STATE ADVISORY CONTRACT LABOUR BOARD,
          THIRUVANANATHAPURAM)
          THOZIL BHAVAN, VIKAS BHAVAN, PMG,
          THIRUVANANTHAPURAM, PIN - 695033

    2     THE APPELLATE AUTHORITY UNDER
          THE PAYMENT OF GRATUITY ACT
          (REGIONAL JOINT LABOUR COMMISSIONER, KOLLAM),
          WATER TANK BUILDING, NEAR COLLECTORATE,
          KOLLAM, PIN - 691013

    3     THE DISTRICT COLLECTOR
          THIRUVANANTHAPURAM
          (AUTHORITY UNDER THE REVENUE RECOVERY ACT),
          COLLECTORATE, KUDAPPANAKUNNU,
          THIRUVANANTHAPURAM, PIN - 695043

    4     M.S. SASIDHARAN
          PULICKAL HOUSE, ANAYARA (P.O),
          THIRUVANANTHAPURAM, PIN - 695029

          SRI.JUSTIN JACOB, SR.GOVERNMENT PLEADER


     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.713/2023                              2




                                    JUDGMENT

This Court on 11.01.2023 passed the following order:

"The grievance expressed in the writ petition is that against the order of the controlling authority appeal within the period of limitation has been filed after complying with the conditions of deposit of the amount vide Demand Draft dated 25.02.2022 Ext.P3, but the Controlling authority for the reasons best known is not issuing the certificate disabling the petitioner to pursue the statutory appeal.

2. It is really shocking for this Court to hear such grievance of the petitioner as the Controlling authority is statutorily required to issue the notices but despite that grievance has been raised in the present writ petition.

3. Issue notice before admission. Mr.Jimmy George accepts notice and submits that the certificate will be issued in two days time.

Post this matter on 18.01.2023. Learned Government Pleader is directed to file a short affidavit of the controlling authority showing the reasons of not issuing the certificate as the period of almost nine months has elapsed. It is made clear that if the reasons given in the affidavit are not satisfactory, this Court may be constrained to impose stringent condition against the officer concerned."

2. An affidavit has been filed whereby certificate of deposit

of the amount for filing the appeal has been given to the counsel

for the petitioner. In this view of the matter, the grievance of the

petitioner stands vindicated.

The writ petition is ordered to be closed.

Sd/-

AMIT RAWAL JUDGE csl

APPENDIX OF WP(C) 713/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 09.10.2020 PASSED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPEAL DATED 26.2.2022

Exhibit P3 TRUE COPY OF THE DEMAND DRAFT DATED 25.02.2022.

Exhibit P4 TRUE COPY OF THE COVERING LETTER DATED 25.02.2022.

Exhibit P5 TRUE COPY OF THE PETITION DATED 26.02.2022.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 01.11.2022 ALONG WITH ITS TRUE TRANSLATION IN ENGLISH.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 17.11.2022

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 18.11.2022.

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 15.12.2022 ALONG WITH ITS TRUE TRANSLATION IN ENGLISH.

Exhibit P10 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 02.09.2021 ISSUED BY THE 3RD RESPONDENT ALONG WITH ITS TRUE TRANSLATION IN ENGLISH.