IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8126 of 2009(I)
1. N.K.MUHAMMED ZAHEER,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. DIRECTOR,
3. DIRECTOR,
For Petitioner :SRI.T.P.SAJAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/12/2009
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 8126 OF 2009 (I)
=====================
Dated this the 7th day of December, 2009
J U D G M E N T
Petitioner was a Junior Superintendent under the 2nd
respondent. In this writ petition, what he claims is for wages for
the period 6/9/07 to 30/6/2008 when he worked as a Liaison
Officer in the Advocate General’s Office.
2. Facts of the case show that while working as Junior
Superintendent under the 2nd respondent, petitioner was posted
on deputation as Liaison Officer in the Advocate General’s Office
from 1992 and this continued till 30/4/2006, the date on which
the petitioner retired on attaining the age of superannuation.
According to him, thereafter, he was asked to continue and by
Ext.P1 dated 12/2/007, sanction was accorded by the Government
to appoint the petitioner on contract basis for six months limiting
the monthly pay to emoluments last drawn minus pension.
Accordingly, by Ext.P2 order, he was appointed for the period
upto 6/9/07. Still later, by Ext.P3, sanction was accorded for his
appointment for the period from 1/5/2006 to 19/2/2007. Despite
the expiry of the period of Ext.P2 order of appointment viz.,
WPC 8126/09
:2 :
6/9/07, petitioner continued to discharge the duties and thus
continued till 30/6/2008 when another person was appointed in
his place. But he has not been paid wages for the aforesaid
period and therefore the writ petition is filed.
3. To substantiate the plea that the petitioner has
discharged the duties during the above period, he has produced
Ext.P5 certificate issued by the concerned Government Pleader to
the effect that he had discharged the duties as a Liaison Officer.
He has also produced Exts.P8 to P13 communications issued by
the 2nd and 3rd respondents during the aforesaid period, in
connection with cases concerning their Department.
4. Respondents have filed a statement where they say
there was no Government Order sanctioning his appointment
during the period 6/9/07 to 30/6/2008 and this is the reason for
non payment.
On the materials produced, it is clear that the petitioner has
discharged the duties during the aforesaid period. If so, he is
entitled to be paid. Admittedly payment has not been made
and therefore I dispose of this writ petition directing the
respondents to ensure that the petitioner is paid the amount due
WPC 8126/09
:3 :
to him provided in Ext.P1 order for the period 6/9/07 to
30/6/2008. Needful shall be done and payment will be made, as
expeditiously as possible, at any rate within 3 months of
production of a copy of this judgment.
ANTONY DOMINIC, JUDGE
Rp