Dr. E.J.Saramma vs State Of Kerala on 20 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23190 of 2003(I)


1. DR. E.J.SARAMMA, PANAECKAL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SECRETARY, DEPARTMENT OF ANIMAL

3. THE DISTRICT ANIMAL HUSBANDRY OFFICER,

                For Petitioner  :SRI.TOMY SEBASTIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :20/07/2007

 O R D E R
             THOTTATHIL B.RADHAKRISHNAN,J
             =======================
                      O.P.No.23190 of 2003
              =======================
               Dated this the 20th day of July, 2007


                            JUDGMENT

The petitioner superannuated on 31.5.1998 from the

Animal Husbandry Department was re-employed for a period of

two years from 25.11.1999. Her complaint is that the amounts

due to her on account of such re-employment has not been

determined in terms of Ext.P7 Government Order which

obviously applies because the said Government Order is applied

for the purpose of preparing the statement of re-fixed

honorarium in respect of the petitioner issued as per Ext.P8.

Ext.P7 provides that illustration on the basis of which the

workings have to be made to reach at the amount that is payable.

The gross salary is to be determined by adding the components

(a), (b), (c) and (d) as stated in the said Government order.

According to the petitioner, though that formula applies in view

of the applicability of Ext.P7 Government order, determination of

the last pay drawn by her reflected under Ext.P8 is not in

accordance with Ext.P7. The petitioner has no quarrel about the

W.P.(C).No.23190/2003 :2:

amounts that are to be deducted on account of pension etc. from

that last pay for the purpose of determining the amount due to

be paid during the period of re-employment. Hence, the only

controversy is as to whether the total amount that could be

treated as the last pay for the purpose of determining the

emoluments during re-employment is in terms of Ext.P7

Government Order. If the respondents concluded that it is not

Ext.P7 that applies to the case of the petitioner, notwithstanding

the reference made that Government Order in Ext.P8, the

decision shall be taken under Rule 100 Part III of Kerala Service

Rules, in the light of Rule 12(23) Part I K.S.R to determine the

emoluments on re-employment. In the light of what is stated

above, a final decision shall be rendered within a period of four

months from the date of receipt of a copy of this judgment. If

further amounts are found due to the petitioner on such

calculation those, amounts shall be released to the petitioner.

THOTTATHIL B.RADHAKRISHNAN, JUDGE

dvs