IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2462 of 2009(R) ------------------------- PETITIONERS: --------------- 1. SREEKALA.K, W/O. S. SURESHKUMAR, AGED 45 YEARS, FOOD INSPECTOR, THIRUVALLA CIRCLE, VADAKKEVILA.P.O, MADAN NADA, KOLLAM. 2. VIJU PRADEEP.K, S/O.N. KUMARAPILLAI, AGED 38 YEARS, PEON, OFFICE OF THE FOOD INSPECTOR, THIRUVALLA CIRCLE, RESIDING AT CHITHRAKARTHIKA, VADAKKUMKARA WEST, UMAYANALLOOR, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: --------------- 1. SUB TREASURY OFFICER, THIRUVALLA. 2. DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. SHIBU.S, U.D. CLERK, O/O THE FOOD INSPECTOR, THIRUVALLA CIRCLE, RESIDING AT SAIKATHAM, VADAYAMPADI.P.O, ERNAKULAM. BY GOVT. PLEADER SHRI.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO:2462 OF 2009 --------------------------------------------------- Dated this the 28th day of January, 2009 JUDGMENT Aggrieved by the non disbursement of salary for month of December, 2008, the petitioners have filed this writ petition. The reason that was informed to them for non payment of salary is in view of the recovery initiated by the KSFE in respect of the fourth respondent who is working as UD Clerk in the office of the Food Inspector, Thiruvalla Circle. 2. The petitioners are working as Food Inspector and Peon respectively at the office of the Food Inspector, Thiruvalla office wherein the forth respondent is also working. The detailed pay bill is produced as Ext.P1. The Treasury Officer rejected the salary bill stating an objection by way of Ext.P3. Thereafter, the first petitioner submitted Ext.P4 as a reply to the objection. Again the first respondent raised an objection by way of Ext.P5. Ultimately, the first petitioner represented the matter before the second respondent by way of Ext.P6. 3. The learned Government Pleader on instructions submitted that what is necessary is a certificate to the effect that the net salary of the fourth respondent is 1/3 rd of the gross salary and hence the recovery directed by the KSFE is not effected in the bill. It has to be endorsed in the bill itself. It is also submitted that immediately on receipt of the certificate necessary action will be taken to disburse the wpc:2462 of 2009 2 salary. In that view of the matter, the first petitioner is directed to certify in the bill itself as insisted above and resubmit the bill. On such re submission, action will be taken for disbursement of the salary immediately. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE bps