Kerala High Court
Sreekumar. V vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33509
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 17275 OF 2024
PETITIONER:
SREEKUMAR. V
AGED 56 YEARS
S/O VIDYADHARAN. K,
FORMER HSST COMPUTER SCIENCE,
VIVEKANANDA HSS, POREDOM,
KOLLAM - 691534,
NOW RESIDING AT SIVAPRIYA,
THEKKUMKARA, PULLICHIRA P.O.,
KOLLAM, PIN - 691304
BY ADVS.
SRI.GODWIN JOSEPH
SRI.ARUN BABU B.
SRI.ANILKUMAR V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, SECRETARIAT P.O.,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY
FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT P.O.,
THIRUVANANTHAPURAM, PIN - 695001
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W.P.(C) No.17275/2024
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3 THE DIRECTOR
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THYCAUD, THIRUVANANTHAPURAM, PIN - 695001
4 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION,
CORPORATION BUILDINGS, IVTH FLOOR,
PALAYAM, THIRUVANANTHAPURAM,
PIN - 695033
5 THE DIRECTOR OF TREASURIES
DIRECTORATE OF TREASURIES, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
6 THE VIVEKANANDA HIGHER SECONDARY SCHOOL
REPRESENTED BY ITS PRINCIPAL,
POREDAM, KOLLAM, PIN - 691534
BY ADVS.
SRI.R.K.MURALEEDHARAN-R6
SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 04.03.2025 AND THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.17275/2024
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N. NAGARESH, J.
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W.P.(C) No.17275 of 2024
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Dated this the 13th day of May, 2025
JUDGMENT
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The petitioner has filed this writ petition
aggrieved by the omission of respondents 1 to 5 in
disbursing arrears of salary for the work done by him during
2000-2001.
2. The petitioner states that he had worked as
HSST Computer Science from 18.09.2000 to 31.03.2001 at
the 6th respondent institution. He was relieved on
31.03.2001 for joining as Programmer in the Institute of
Management in Government (IMG), Thiruvananthapuram.
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The petitioner states that the appointment and service of the
petitioner as HSST Computer Science from 18.09.2000 to
31.03.2001, was approved by the 3rd respondent on
16.05.2007.
3. Thereupon, the 6th respondent submitted
arrear bill before the 4th respondent-Regional Deputy
Director for a gross amount of ₹61,593/-. The 4th respondent
thereupon submitted a letter dated 16.10.2007 to the 3rd
respondent seeking specific orders since the petitioner has
claimed full amount of arrears as he is a member of the EPF
Scheme. The 3rd respondent did not act on the request of the
4th respondent.
4. The petitioner therefore submitted Ext.P3
representation dated 15.02.2014 to the 3rd respondent.
Thereupon, the 3rd respondent issued letter dated
12.03.2014 to the 4th respondent conveying that Government
had accorded sanction for payment of arrears of salary to all
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the aided HSSTs who were eligible for salary at the rate of
Guest Lecturers till 30.11.2001. However, the 3rd respondent
again directed the 4th respondent to obtain further sanction
from the Government, as per Ext.P4.
5. The bill submitted for clearance of arrears
of salary was finally approved by the authorities in the year
2022. The arrears were determined as ₹57,328/- as per
Ext.P5. In Ext.P5, the Government has stated that its
permission is not necessary for disbursing the arrears. In
spite of Ext.P5, no action has been further taken by the
respondents to disburse the salary arrears due to the
petitioner.
6. Therefore, the petitioner has filed this writ
petition seeking to command respondents 1 to 5 to disburse
the arrears of salary as determined in Ext.P5 to the petitioner
along with interest at the rate of 12% per annum from
31.03.2001, the date on which he last worked as HSST.
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7. The 5th respondent filed a counter affidavit.
The 5th respondent stated that the salary arrear bill of the
petitioner for an amount of ₹57,328/- has been submitted by
the Drawing and Disbursing Officer i.e., Principal,
Vivekananda HSS, to the Sub Treasury, Chadayamangalam
on 23.09.2023. The bill was passed for payment and the
aforesaid amount was credited to the Bank account of the
petitioner on 29.09.2023. There was no delay on the part of
the Treasury Department in disbursing the amount to the
petitioner.
8. I have heard the learned counsel for the
petitioner, the learned Senior Government Pleader
representing respondents 1 to 5 and the learned counsel
appearing for the 6th respondent.
9. The petitioner worked as HSST Computer
Science in the 6th respondent-School with effect from
18.09.2020 to 31.03.2001. The petitioner left the
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employment to join as Programmer at IGM,
Thiruvananthapuram. The 6th respondent had submitted
arrear bill for ₹61,593/- as salary arrears for the petitioner
from 18.09.2000 to 31.03.2001. According to the petitioner,
on receiving the same, the 4th respondent-RDD submitted a
letter dated 16.10.2007 seeking specific orders of the 3rd
respondent informing that the petitioner has claimed full
amount of arrears. The petitioner states that he had
approached the authorities numerous times.
10. It is evident from the pleadings that the 3rd
respondent had issued letter dated 12.03.2014 to the 4th
respondent in this regard. The 3rd respondent directed the
4th respondent to obtain further sanction from the
Government.
11. It is discernible from the pleadings that the
bill submitted for clearance of arrears of salary was finally
approved in the year 2022. The 5th respondent has filed an
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affidavit stating that the Drawing and Disbursing Officer
submitted salary arrear bill only on 23.09.2023. Thereupon,
the amount was credited to the Bank account of the
petitioner on 29.09.2023.
12. Considering the afore facts, this Court
cannot come to a conclusion as to whether there was any
deliberate omission on the part of the respondents to clear
the bill and if so, whether the delay is attributable wholly to
the Government respondents or the Manager of the School
and if all are responsible, how the liability to be apportioned.
Necessary materials are not available in the pleadings. The
petitioner has been paid salary arrears during the pendency
of the writ petition. In the circumstances of the case, it would
be not proper for this Court to adjudicate award interest on
the delayed payment, in exercise of the powers under Article
226 of the Constitution of India.
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In the circumstances, the writ petition is
disposed of recording the submission made by the 5th
respondent that the salary arrears have been credited to the
Bank account of the petitioner on 29.09.2023. The question
of award of interest is left open.
Sd/-
N. NAGARESH, JUDGE
aks/22.04.2025
2025:KER:33509
APPENDIX OF WP(C) 17275/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER NO. ACD.
B3/18278/HSE/01 DATED 18.05.2007
ISSUED FROM THE OFFICE OF THE 3RD
RESPONDENT.
Exhibit P2 A TRUE COPY OF THE LETTER NO.
TRO/05/3703/HSE/07 DATED 16.10.2007
ISSUED BY THE 4TH RESPONDENT TO THE
3RD RESPONDENT.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION
DATED 15.02.2014 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LETTER NO.
ACD.B4/18278/HSE/2001 DATED
12.03.2014 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT.
Exhibit P5 A TRUE COPY OF THE LETTER NO.
ACD.B3/18278/2001/HSE DATED
20.12.2022 ISSUED BY THE 3RD
RESPONDENT TO THE 4TH RESPONDENT.
