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2012 Supreme(Online)(KER) 29759

HIGH COURT OF KERALA
MANJULA CHELLUR, CJ, A.M.SHAFFIQUE, J
DR MURALIKRISHNA DEV – Appellant
Versus
THE ASSISTANT GENERAL MANAGER (REGION – Respondent


J U D G M E N T

MANJULA CHELLUR, C.J The appellant/writ petitioner approached the learned Single Judge seeking a direction that the respondent-authority should not recover any amount from the petitioner simultaneously. The main contention of the writ petitioner was to the effect that his present salary is Rs.33,160/- together with D.A. at 38% and after all compulsory deductions, including GPF contribution, his home-take salary is Rs. 19,000/-. Therefore, if at all any attachment or recovery is made from the salary, Rs. 19,000/- should be taken as the amount to arrive at the quantum of amount that has to be recovered from the salary.

2. According to the appellant, the writ petitioner was not heard when writ petition came to be disposed of on 30.10.2012 after hearing the learned Standing Counsel for the respondent. However, the detailed order in Review Petition dated

26.11.2012 shows all the averments in the writ petition and the arguments of the writ petitioner were taken into consideration, while dismissing the Review Petition.

3. After referring to the details at Annexure - B, the gross salary of the petitioner is Rs.44,307/-. The recovery from this amount is about Rs.25,057/- . The

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