Binu Kumar M.K. vs State Of Kerala on 5 August, 2008

Kerala High Court
Binu Kumar M.K. vs State Of Kerala on 5 August, 2008
       

  

  

 
 
  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

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