The Director, Employment & Training vs R.Rajesh
2024 Latest Caselaw 5280 Ker

Kerala High Court

The Director, Employment & Training vs R.Rajesh on 15 February, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                       EX.FA NO. 31 OF 2023
  AGAINST THE ORDER DATED 01.12.2023 IN EP 695/2021 OF ASSISTANT
     SESSIONS COURT/I ADDITIONAL SUB COURT,THIRUVANANTHAPURAM
APPELLANT/3RD JUDGMENT DEBTOR:

          THE DIRECTOR, EMPLOYMENT & TRAINING
          INDUSTRIAL TRAINING OFFICE, LABOUR OFFICE,
          VIKASBHAVAN, THIRUVANANTHAPURAM, PIN - 690 533

          BY ADV GOVERNMENT PLEADER


RESPONDENTS/DECREE HOLDER AND JUDGMENT DEBTORS 1 AND 2:

    1     R.RAJESH
          S/O RAMASWAMI, T.C.NO.2/502,MRA -41,
          MADATHUVILA LANE MEDICAL COLLEGE,
          THIRUVANANTHAPURAM, HAVING OFFICIAL ADDRESS AS,
          ASSISTANT EXECUTIVE ENGINEER, TMR DIVISION,
          PUNNAKKAMUGAL, ARAMADA,
          THIRUVANANTHAPURAM-32, PIN - 695 011

    2     GEETHA KUMARY R
          W/O P.K.VIJAYA KUMAR, T.C.NO.41/141,
          VADAKKELLATHU VEEDU, MANACAUDU.P.O,
          THIRUVANANTHAPURAM, PIN - 695 009

    3     P.K.VIJAYA KUMAR
          RESIDING AT TC NO.41/141,
          VADAKKELLATHU VEEDU, MANACAUDU.P.O,
          THIRUVANANTHAPURAM., PIN - 695 009

          BY ADVS.
          D.SAJEEV
          LIGEY ANTONY(K/000510/1993)


     THIS EXECUTION FIRST APPEAL HAVING COME UP FOR HEARING ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 EX.FA NO. 31 OF 2023
                                         2




                                T.R.RAVI.J
             -------------------------------------------------------
                          EX.FA. No.31 of 2023
           --------------------------------------------------------
             Dated this the 15th day of February, 2024
                               JUDGMENT

This appeal is filed against an order dated 01.12.2023

of the First Additional Sub Court, Thiruvananthapuram in

EP.No.695 of 2021 in OS.No.1188/2011. The application was

filed by the decree holder seeking a direction to garnishee,

the Director of Industrial Training, Industrial Training Office,

Labour Office, Vikasbhavan, Thiruvananthapuram to deposit a

sum of Rs.2,55,847/- to the CCD account head

No.799011900000017 of the Court for the purpose of

EP.No.695 of 2021. The Court by the impugned order has

directed the District Treasury Officer not to disburse the

salary of the Director of Industrial Training from the month EX.FA NO. 31 OF 2023

of December until further orders. It is in the above

circumstances that the appeal was filed.

2. When the case is taken up, it is submitted by the

counsel for the appellant that the amount of Rs.2,55,847/-

has already been credited in the account No.799011900000017

for the purpose of EP.No.695 of 2021 in OS.No.1188 of 2011

and hence there is no requirement for continuing the order

directing stoppage of salary. The submission is justified.

3. In the above circumstances, this appeal is allowed.

The order dated 01.12.2023 in EP.No.695 of 2021 is set aside.

Sd/-

T.R.RAVI

JUDGE sn