Kerala High Court
G.S.Madhusoodanan Asari vs Jawaharlal Nehru Tropical ... on 24 March, 2023
WP(C) No.6523/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 24th day of March 2023 / 3rd Chaithra, 1945
WP(C) NO. 6523 OF 2023
PETITIONER:
G.S.MADHUSOODANAN ASARI, AGED 55, S/O.GANGADHARAN ASARI, OFFICE
ATTENDANT, SARASWATHI THANKAVELU, EXTENSION CENTRE, JAWAHARLAL NEHRU
TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE, PALODE,
THIRUVANANTHAPURAM, PIN - 695001.
RESPONDENTS:
1. JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH INSTITUTE,
PALODE, THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY ITS
REGISTRAR.
2. THE DIRECTOR, JAWAHARLAL NEHRU TROPICAL BOTANIC GARDEN AND RESEARCH
INSTITUTE, PALODE, THIRUVANANTHAPURAM, PIN - 695001.
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 direct the respondents to consider Exhibit P4 representation
and disburse the arrears payable to the petitioner by fixing a time limit,
till the disposal of the case.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. ANIL KUMAR M.SIVARAMAN, Advocate for the petitioner and of Standing
Counsel for respondents, the court passed the following:
P.T.O
WP(C) No.6523/2023 2/4
N.NAGARESH, J.
------------------------------------------------
W.P.(C) No.6523 of 2023
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Dated this the 24th day of March, 2023
ORDER
By Ext.P1 judgment, in which the petitioner was the 14 th
petitioner, this Court declared that the petitioner is entitled to get
his pay fixed on par with other Gardeners, who are working
under the 3rd respondent, in the scale of pay of ₹3,050-5,230/-.
2. The petitioner would submit that in view of the said
judgment, an amount of ₹5,78,149/- is due to the petitioner
towards arrears of salary and allowances. This is evident from
Ext.P3. The petitioner has been paid only an amount of
₹1,92,716/- so far. The said amount was paid on 07.03.2022.
3. The petitioner states that the petitioner is suffering
from serious ailments and is in acute need of money for costly
treatment. Unless the respondents pay the balance amount
forthwith, the petitioner will be put to untold hardship and agony.
WP(C) No.6523/2023 3/4
W.P.(C) No.6523 of 2023
4. Standing Counsel entered appearance on behalf of
the respondents. Standing Counsel submitted that the
Jawaharlal Nehru Tropical Botanic Garden and Research
Institute is awaiting Non-Plan Funds and amounts can be
granted only on receipt of such funds.
5. I find that Ext.P1 judgment has been delivered on
04.12.2017 nearly five years ago. The petitioner is suffering
from serious ailments.
6. In the facts of the case, there will be an interim
order directing the respondents to pay 50% of the balance
amount due to the petitioner, within a period of one month.
Post on 24.05.2023.
Sd/-
N.NAGARESH
JUDGE
spk
24-03-2023 /True Copy/ Assistant Registrar
WP(C) No.6523/2023 4/4
APPENDIX OF WP(C) 6523/2023
Exhibit-P1 TRUE COPY OF THE JUDGMENT DTD. 4/12/2017 IN
W.P.(C)NO.22348/2012 ON THE FILE OF THIS HON'BLE COURT.
Exhibit-P3 TRUE COPY OF THE REPLY DATED NIL, GIVEN BY THE 1ST
RESPONDENT.
Exhibit-P4 TRUE COPY OF THE REPRESENTATION DATED 27/1/2023,
SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
24-03-2023 /True Copy/ Assistant Registrar
