Ramesh .S vs State Of Kerala
2024 Latest Caselaw 10954 Ker

Kerala High Court

Ramesh .S vs State Of Kerala on 12 April, 2024

WP(C) No.15471/2024                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR.JUSTICE BASANT BALAJI
             Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
                            WP(C) NO. 15471 OF 2024(R)
   PETITIONERS:

      1. RAMESH. S, AGED 55 YEARS, S/O LATE SWAMINATHAN, LOWER DIVISION
         CLERK, SUB COURT, PALAKKAD, PIN - 678 001.
      2. JANAKI.K, AGED 55 YEARS, W/O SARATH CHANDRAN M.P., LD TYPIST, SUB
         COURT, PALAKKAD, PIN - 678 001.
      3. REENA P, AGED 48 YEARS, W/O BABU, L.D CLERK, SUB COURT, PALAKKAD,
         PIN - 678 001.

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
      2. PRINCIPAL SECRETARY, HOME (C) DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.
      3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.
      4. HIGH COURT OF KERALA, REPRESENTED BY ITS REGISTRAR GENERAL, HIGH
         COURT, KOCHI, ERNAKULAM, PIN - 682 031.
      5. THE REGISTRAR (DISTRICT JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM,
         PIN - 682 031.
      6. THE DISTRICT JUDGE, PALAKKAD DISTRICT & SESSIONS COURT, PALAKKAD,
         PIN - 678 001.
      7. THE ACCOUNTANT GENERAL KERALA, OFFICE OF THE ACCOUNTANT
         GENERAL(A&E), STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 001.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all actions under Exhibits P1 to P1 (e) and Exhibit P6 to
   the extent to which it attempts to reduce the pay of the petitioners and
   to recover the alleged excess payment, from the pay and allowances of the
   petitioners, until further orders.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. SASI M.R., N.P.SILPA, DHARMYA M.S, S.SAJIT SANAL, KAVYA KRISHNAN &
   ARYA VALSAN, Advocates for the petitioners and of GOVERNMENT PLEADER for
   R1 to R3 & R7, the court passed the following:

                                                                 P.T.O.
 WP(C) No.15471/2024                       2/3




                                         ORDER

Government Pleader takes notice for R1 to R3 & R7.

All further proceedings pursuant to Exts. P1 to P1(b) and Ext.P6

shall stand stayed for a period of two months.

Sd/- BASANT BALAJI JUDGE

12-04-2024 /True Copy/ Deputy Registrar

APPENDIX OF WP(C) 15471/2024 Exhibit P1 A TRUE COPY OF THE RECOVERY NOTICE DATED 30/06/2023 ISSUED TO THE 1ST PETITIONER BY THE SHERESTADAR, SUB COURT, PALAKKAD.

Exhibit P1(a) A TRUE COPY OF THE STATEMENT OF RE-FIXATION OF PAY IN RESPECT OF THE 1ST PETITIONER SIGNED BY THE SHERESTADAR, SUB COURT, PALAKKAD.

Exhibit P1(b) A TRUE COPY OF THE STATEMENT OF EXCESS PAY DRAWN BY THE 1ST PETITIONER SIGNED BY SHERESTADAR, SUB COURT, PALAKKAD.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 2ND NOVEMBER 2016 IN WP(C) NO. 18546/2013 OF HON'BLE HIGH COURT OF KERALA.