IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6638 of 2007(R)
1. M.VANAJA, PEON, HIGH COURT OF KERALA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. HIGH COURT OF KERALA,
For Petitioner :SRI.S.M.PREM
For Respondent :SRI.KRB.KAIMAL (SR.)
The Hon'ble MR. Justice K.K.DENESAN
Dated :14/03/2007
O R D E R
K.K. DENESAN, J.
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W.P.(C) No. 6638 OF 2007 R
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Dated this the 14th March, 2007
J U D G M E N T
The petitioner commenced service on 7-9-2001 as
Part-time Sweeper in the High Court of Kerala. She was
appointed as Peon and has been working as such from 28-
2-2005. She has made a claim for the grant of special
allowance at the rate of Rs.200/- per mensem with
effect from 1-11-1998. It is admitted position that
the special allowance is payable only to those
performing duties in the residence of the Hon’ble
Judges of the High Court of Kerala.
2. Heard the learned counsel for the petitioner,
learned Senior Govt. Pleader for the 1st respondent and
the learned Senior counsel for the 2nd respondent.
3. It is submitted on behalf of the 2nd respondent
that the petitioner had worked as Part-time contingent
employee in the residence of two Hon’ble Judges for the
period from 6-1-2001 to 31-1-2001 and from 7-9-2001 to
27-2-2005 respectively. Hence, the only question for
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consideration is whether the petitioner is entitled to
claim special allowance for the above period.
4. According to the 1st respondent, special
allowance at the rate of Rs.200/- need be granted from
the date of G.O.(MS) No. 147/2005/Home dated 27-5-2005,
for, grant of special allowance with effect from any
date prior to the date of the above Govt. Order will
violate Article 49 of the Kerala Financial Code Volume
I.
5. Counsel for the petitioner as also the Senior
counsel for the 2nd respondent invite my attention to
Ext. P3 judgment dated 7-2-2007 in W.P.(C) No. 18328/06
and submit that the above judgment is covered in favour
of the petitioner. I have gone through Ext. P3
judgment and find that the above submission is
acceptable. Accordingly, there shall be a declaration
that the petitioner is entitled for the grant of
special allowance at the rate of Rs.200/- per month for
service rendered as Part-time contingent employee
performing duties as such in the residence of the
Hon’ble Judges from 6-1-2001 to 31-1-2001 and from
7-9-2001 to 27-2-2005. Monetary benefits consequent
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on the above declaration shall be made available to the
petitioner, as expeditiously as possible, in any event,
within three months from the date of receipt of a copy
of the judgment.
K.K. DENESAN
JUDGE
jan/