IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19372 of 2010(V)
1. DR.P.REMA DEVI, PRINCIPAL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE PRICIPAL AND CONTROLLING OFFICER
3. SHEE VIDYADHIRAJA VIDYA SAMAJAM
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :07/07/2010
O R D E R
C.T.RAVIKUMAR, J.
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W.P.(C) No. 19372 OF 2010
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Dated this the 7th day of July, 2010
J U D G M E N T
The petitioner is presently working as Principal of Shree
Vidyadhiraja Homoeopathic Medical College, Iranimuttom in
Thiruvananthapuram district. This writ petition is filed mainly with
the following prayer:
(1) To issue a writ of mandamus or any other
appropriate writ, direction or order directing the
respondents to forthwith disburse the salary due to the
petitioner for the period of 27 months after adjusting the
amount of Rs.76,270/- that is directed to be refunded.
2. Indisputably, amounts more than the amount covered as
per Exts.P4 and P5 are due to the petitioner. In such
circumstances, I am of the view that the first respondent is bound to
consider the prayer made by the petitioner. According to the
petitioner, an amount of Rs. 3,75,000/- is due to him towards salary
for the period of 27 months. The further contention of the petitioner
is that the amount covered as per Exts.P4 and P5 is only to the tune
of Rs.76,270/-. Going by prayer No.1, the petitioner seeks only for
disbursement of the balance amount after adjusting the aforesaid
amount.
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3. The learned Government Pleader submits that the said
request will be considered if the third respondent prepares a bill in
tune with prayer No.1 and forward it to the first respondent through
the second respondent. Accordingly, this writ petition is disposed of
with a direction to the third respondent to draw a salary bill in tune
with prayer No.1, which is extracted above, and to forward it to the
first respondent through the second respondent within a period of two
weeks from the date of receipt of a copy of this judgment. In case of
receipt of such a bill drawn by the third respondent, the issue shall be
settled by respondents 1 and 2 within a period of two months.
C.T.RAVIKUMAR
(JUDGE)
vps
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