IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 13574 of 2008(N) 1. BINU KUMAR M.K., S/O.R.MADHAVAN ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY ... Respondent 2. SECRETARY, TRAVANCORE DEVASWOM BOARD 3. SECRETARY, KERALA STATE HOME AFFAIRS 4. DIRECTOR GENERAL OF POLICE 5. SUPERINTENDENT OF POLICE For Petitioner :SRI.VINCENT JOSEPH For Respondent :SRI.D.SREEKUMAR, SC, TDB The Hon'ble MR. Justice P.N.RAVINDRAN Dated :05/08/2008 O R D E R P.N.RAVINDRAN, J ------------------- W.P.(C).13574/2008 -------------------- Dated this the 5th day of August, 2008 JUDGMENT
The petitioner, who is a Sub Inspector of Police was
deputed to the Travancore Devaswom Board. Ext.P1
dated 18.1.2008 is the order issued by the State
Government in that regard. This writ petition was filed
aggrieved by the non payment of salary and the
allowances to the petitioner since 15.1.2008, the date on
which he joined the Travancore Devaswom Board on
deputation. A statement has been filed on behalf of the
first respondent wherein it is contended inter alia that the
deputation of the petitioner has been cancelled by G.O.
(Rt) No.2334/2008/RD dated 15.7.2008 and he has been
repatriated to the parent department. It is also brought
to my notice that as directed in the aforesaid Government
Order, petitioner has re-joined duty in the parent
department. The only question that arises for
consideration is as regards payment of salary and
allowances to the petitioner for the period from 15.1.2008
to 15.7.2008.
W.P.(C).13574/2008
2
2. Having regard to the admitted fact that the
petitioner has not been paid salary and allowances
during the said period, the first respondent is directed
to issue orders regarding payment of salary and
allowances to the petitioner during the said period.
Whether the salary should be paid by the Travancore
Devaswom Board or by the Department of Home Affairs
will be a matter for the Government to decide. The
State Government shall take a decision in the matter and
issue orders directing the concerned department to
disburse salary and allowances to the petitioner for the
said period. Orders in that regard shall be passed within
a period of one month from the date of receipt of a copy
of this judgment and disbursement of the salary and
allowances shall be made within one week thereafter.
The writ petition is disposed of as above. No costs.
P.N.RAVINDRAN
Judge
mrcs