The High Court of Kerala held that an original petition is not maintainable for a claim for interest on arrears of salary. The claim was directed to a civil court instead.
The petitioner's petition is dismissed; the right to claim interest is preserved in a civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929
OP.No. 21280 of 1999(G)
PETITIONER:
G.K.GEETHAKRISHNAN, SELECTION GRADE LECTURER (RETIRED), GEETHALAYAM, PALLOM, KOTTAYAM-7.
BY ADV. SRI.J.JULIAN XAVIER
RESPONDENTS:
BY SENIOR GOVERNMENT PLEADER, SMT.M.R.SREELATHA
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP NO.21280/1999/G
APPENDIX
PETITIONER'S EXHIBITS:
EXT. P1: COPY OF THE PROCEEDINGS DATED 7.3.91. EXT. P2: COPY OF THE REPRESENTATION DATED 6.6.98 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT. P3: COPY OF THE JUDGMENT DATED 31.3.99 IN O.P. 8632/99. EXT. P4: COPY OF THE ORDER DATED 28.6.99.
/TRUE COPY/
P.A. TO JUDGE
JP
S.SIRI JAGAN, J. ======================= O.P. No. 21280 of 1999(G)
=======================
Dated this the 29th day of January, 2008
JUDGMENT
The petitioner seeks payment of interest on the arrears of salary consequent on UGC placement. It is settled law that for payment of interest alone no original petition would be maintainable Therefore, without prejudice to the right to claim interest in a civil court this original petition is dismissed.
S.SIRI JAGAN, JUDGE
jp
1 issue framed by the court
Whether maintenance of an original petition is appropriate for a claim for interest on arrears of salary consequent on UGC placement.
G.K. GEETHAKRISHNAN
STATE OF KERALA
DIRECTOR OF COLLEGIATE EDUCATION
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
