Writ petition regarding arrears of salary treated as closed as petitioners, one deceased and the other having left service, no longer before the 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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 27TH DAY OF SEPTEMBER 2016/5TH ASWINA, 1938
WP(C).No. 3964 of 2007 (V) ---------------------------
PETITIONER(S):
1. K.JANAKI AMMA, W/O.SANKARA KURUP, "ABHILASH", KATTUKULAM, POST SREEKRISHNAPURAM, PALAGHAT DISTRICT.
2. MALLIKA.P.V., W/O.RAMACHANDRA KURUP, "INDRAPRASTHA", KATTUKULAM POST, SREEKRISHNAPURAM, PALGHAT DISTRICT.
BY ADVS.SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A
RESPONDENT(S):
1. THE COMMISSIONER, HR & CE DEPARTMENT, KOZHIKODE.
2. THE DEPUTY COMMISSIONER, HR & CE DEPARTMENT, KOZHIKODE.
3. THE MANAGER, SREE PARIYANAMPATTA DEVASWOM, POST KATTUKULAM, PALGHAT DISTRICT.
R1&2 BY ADV. SRI.MAHESH V.RAMAKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 3964 of 2007 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE COMMUNICATION OF ASST.COMMISSIONER, PALGHAT, HR & CE DEPARTMENT DATED 15/4/2005 EXHIBIT P2 COPY OF THE PROCEEDINGS OF THE R3 DATED 6/3/2006 EXHIBIT P3 COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE R3 DATED 11/3/2006 EXHIBIT P4 COPY OF THE DETAILED REPRESENTATION BEFORE THE R2 IN MAY, 2006 BY THE PETITIONERS.
RESPONDENT(S)' EXHIBITS
NIL. / TRUE COPY / P.S. TO JUDGE
PJ
P.V.ASHA J.
-------------------------------------------W.P.(C).No.3964 of 2007
---------------------------------------------
Dated this the 27th day of September, 2016
J U D G M E N T
Petitioners filed this writ petition, praying for a direction to disburse the arrears of salary due to them for the period from 01.07.2003 onwards. They were also aggrieved by the inaction of the respondents on their representations Exts.P3 and P4 submitted before the Manager of the Devaswom and before the Deputy Commissioner (Legal), respectively in which they claimed arrears of pay and requested for payment of salary regularly. They had also a grievance that they were treated as part time employees. Saying that they were hereditary 'Pattu Adiyanthiram' and 'Kalamvarakkal' it was claimed that they cannot be treated as part time employees and they cannot be asked to do other works.
W.P.(C).No.3964 of 2007
2
them as full time servants itself but effecting payment of salary in alternate months to petitioners 1 and 2, taking into account the nature of the duties attached to the 'Pattu Adiyanthiram'
and 'Kalamvarakkal' which are required only occasionally.
Now that the petitioners are no more in the scene, this writ petition is closed, recording the submission of the learned counsel for respondents 1 and 2.
Sd/- P.V.ASHA, JUDGE.
AS
K.JANAKI AMMA
MALLIKA.P.V.
THE COMMISSIONER, HR & CE DEPARTMENT, KOZHIKODE
THE DEPUTY COMMISSIONER, HR & CE DEPARTMENT, KOZHIKODE
THE MANAGER, SREE PARIYANAMPATTA DEVASWOM
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
