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2025 DIGILAW 1181 (KER)

Sreekumar. V S/o Vidyadharan. K v. State of Kerala

2025-05-13

N.NAGARESH

body2025
JUDGMENT : N.NAGARESH, J. The petitioner has filed this writ petition aggrieved by the omission of respondents 1 to 5 in disbursing arrears of salary for the work done by him during 2000-2001. 2. The petitioner states that he had worked as HSST Computer Science from 18.09.2000 to 31.03.2001 at the 6 th respondent institution. He was relieved on 31.03.2001 for joining as Programmer in the Institute of Management in Government (IMG), Thiruvananthapuram. The petitioner states that the appointment and service of the petitioner as HSST Computer Science from 18.09.2000 to 31.03.2001, was approved by the 3 rd respondent on 16.05.2007. 3. Thereupon, the 6 th respondent submitted arrear bill before the 4 th respondent-Regional Deputy Director for a gross amount of Rs. 61,593/-. The 4 th respondent thereupon submitted a letter dated 16.10.2007 to the 3 rd respondent seeking specific orders since the petitioner has claimed full amount of arrears as he is a member of the EPF Scheme. The 3 rd respondent did not act on the request of the 4 th respondent. 4. The petitioner therefore submitted Ext.P3 representation dated 15.02.2014 to the 3 rd respondent. Thereupon, the 3 rd respondent issued letter dated 12.03.2014 to the 4 th respondent conveying that Government had accorded sanction for payment of arrears of salary to all the aided HSSTs who were eligible for salary at the rate of Guest Lecturers till 30.11.2001. However, the 3 rd respondent again directed the 4 th respondent to obtain further sanction from the Government, as per Ext.P4. 5. The bill submitted for clearance of arrears of salary was finally approved by the authorities in the year 2022. The arrears were determined as Rs. 57,328/- as per Ext.P5. In Ext.P5, the Government has stated that its permission is not necessary for disbursing the arrears. In spite of Ext.P5, no action has been further taken by the respondents to disburse the salary arrears due to the petitioner. 6. Therefore, the petitioner has filed this writ petition seeking to command respondents 1 to 5 to disburse the arrears of salary as determined in Ext.P5 to the petitioner along with interest at the rate of 12% per annum from 31.03.2001, the date on which he last worked as HSST. 7. The 5 th respondent filed a counter affidavit. The 5 th respondent stated that the salary arrear bill of the petitioner for an amount of Rs. 7. The 5 th respondent filed a counter affidavit. The 5 th respondent stated that the salary arrear bill of the petitioner for an amount of Rs. 57,328/- has been submitted by the Drawing and Disbursing Officer i.e., Principal, Vivekananda HSS, to the Sub Treasury, Chadayamangalam on 23.09.2023. The bill was passed for payment and the aforesaid amount was credited to the Bank account of the petitioner on 29.09.2023. There was no delay on the part of the Treasury Department in disbursing the amount to the petitioner. 8. I have heard the learned counsel for the petitioner, the learned Senior Government Pleader representing respondents 1 to 5 and the learned counsel appearing for the 6 th respondent. 9. The petitioner worked as HSST Computer Science in the 6 th respondent-School with effect from 18.09.2020 to 31.03.2001. The petitioner left the employment to join as Programmer at IGM, Thiruvananthapuram. The 6 th respondent had submitted arrear bill for Rs. 61,593/- as salary arrears for the petitioner from 18.09.2000 to 31.03.2001. According to the petitioner, on receiving the same, the 4 th respondent-RDD submitted a letter dated 16.10.2007 seeking specific orders of the 3 rd respondent informing that the petitioner has claimed full amount of arrears. The petitioner states that he had approached the authorities numerous times. 10. It is evident from the pleadings that the 3 rd respondent had issued letter dated 12.03.2014 to the 4 th respondent in this regard. The 3 rd respondent directed the 4 th respondent to obtain further sanction from the Government. 11. It is discernible from the pleadings that the bill submitted for clearance of arrears of salary was finally approved in the year 2022. The 5 th respondent has filed an affidavit stating that the Drawing and Disbursing Officer submitted salary arrear bill only on 23.09.2023. Thereupon, the amount was credited to the Bank account of the petitioner on 29.09.2023. 12. Considering the afore facts, this Court cannot come to a conclusion as to whether there was any deliberate omission on the part of the respondents to clear the bill and if so, whether the delay is attributable wholly to the Government respondents or the Manager of the School and if all are responsible, how the liability to be apportioned. Necessary materials are not available in the pleadings. The petitioner has been paid salary arrears during the pendency of the writ petition. Necessary materials are not available in the pleadings. The petitioner has been paid salary arrears during the pendency of the writ petition. In the circumstances of the case, it would be not proper for this Court to adjudicate award interest on the delayed payment, in exercise of the powers under Article 226 of the Constitution of India. In the circumstances, the writ petition is disposed of recording the submission made by the 5 th respondent that the salary arrears have been credited to the Bank account of the petitioner on 29.09.2023. The question of award of interest is left open.