Ambily K vs The State Of Kerala
2023 Latest Caselaw 2396 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944
                    WP(C) NO. 22105 OF 2022
PETITIONER/S:
          AMBILY K., AGED 34 YEARS
          D/O.APPINU NAMBIAR, LPST, MUBARAK, LP SCHOOL,
          AYYAPPANKAVU, VILAKKODE P.O., KANNUR (RESIDING AT
          DWARAKA HOUSE, P.O.KAKKAYANGAD VIA, PERAVOOR,
          KANNUR DISTRICT - 670 673).
          BY ADVS.
          T.T.MUHAMOOD
          A.RENJIT
          V.E.ABDUL GAFOOR
          A.MOHAMMED SAVAD
          NAZEER HUZAIN.H
          T.R.VISHNU
RESPONDENT/S:
    1     THE STATE OF KERALA
          REP. BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DEO, THALASSERY, PIN - 670 001.
    3     THE ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE AEO, IRITTY, KANNUR DISTRICT - 670
          703.
    4     THE MANAGER
          MUBARAK, LP SCHOOL, AYYAPPANKAVU, VILAKKODE P.O.,
          KANNUR, PIN - 670 703.
          BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
          SR GP SMT NISHA BOSE
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   17.02.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2-
W.P.(C). No. 22105 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 22105 of 2022
                         =============================================================

                  Dated this the 17th day of February, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to draw and disburse the arrears of salary due to the petitioner for the period from 01.06.2017 to 05.12.2019 in cash.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents not to remit the salary arrears due to the petitioner for the period from 01.06.2017 to 05.12.2019 in PF Account.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents to pay interest the rate of 18% per annum for the delayed payment of arrears of salary. And

such other writ, order or direction as this Hon'ble court may deems fit in the facts and circumstances of the case." (sic)

2. The petitioner was appointed as LPST on 01.06.2017.

The appointment of the petitioner was approved initially with 3-

W.P.(C). No. 22105 of 2022

effect from 06.12.2019 and subsequently the petitioner's

appointment was approved with effect from 01.06.2017 as per

Ext.P3 order. The grievance of the petitioner is that the arrears of

salary is not disbursed and it is credited to the PF Account.

Hence this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. When this writ petition came up for consideration,

both sides submitted that the point raised in this writ petition is

considered by this Court in detail in the judgment dated

05.01.2023 of WP(C) No.17115 of 2022. But the Government

Pleader submitted that a writ appeal is pending against that

judgment. That is not a reason to deny the benefit of the

judgment. In the light of the same, I think the prayers in this writ

petition are to be allowed.

4-

W.P.(C). No. 22105 of 2022

Therefore, this writ petition is allowed in the following

manner:

1. It is declared that the petitioner is entitled the arrears of salary.

2. Respondents 1 to 3 are directed to disburse the arrears of salary to the petitioner, as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment.

3. The petitioner will produce a certified copy of this judgment together with a copy of this writ petition before the respondents 1 to 3 for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das 5-

W.P.(C). No. 22105 of 2022

APPENDIX OF WP(C) 22105/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER NO.E-6014/2020 DATED 17/02/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF ORDER B5/193918/2021 DATED 30/08/2021 ISSUED BY THE 2ND RESPONDENT (WITH TYPED COPY).

Exhibit P3 TRUE COPY OF ORDER NO.6014/2020 DATED 07/10/2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF CIRCULAR NO.7/20-21/FIN DATED 27/01/2021.

Exhibit P5 TRUE COPY OF G.O.(P) NO.29/2016/G.EDN.

DATED 29/01/2016.