IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 22521 of 2008(F) -------------------------- PETITIONERS: --------------- 1. BALAGOPALAN.A.R, WORKING AS LOWER DIVISION CLERK, DR. PADIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 2. GANESH BHAT.R, WORKING AS LOWER DIVISION CLERK, DR. PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 3. SHOBA.R, WORKING AS LOWER DIVISION CLERK, DR. PADDIAR MEMORIAL HOMEOPAHTIC MEDICAL COLLEGE, CHOTTANIKKARA. 4. SANDHYA.K, WORKING AS LOWER DIVISION CLERK, DR. PADDIAR MEMORIAL HOMEOPAHTIC MEDICAL COLLEGE, CHOTTANIKKARA. 5. NAGENDRA SHENOI.L, WORKING AS LOWER DIVISION CLERK, DR. PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 6. SREEKALA.B, WORKING AS PHARMACIST DR. PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 7. SINDHU.C.T, WORKING AS PHARMACIST DR.PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 8. DR.SALOMI GEORGE, WORKING AS MEDICAL OFFICER, DR. PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. 9. RAJESH.R, WORKING AS LOWER DIVISION CLERK, DR.PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA. BY ADV. SRI.SAJEEV KUMAR K.GOPAL WP(C).No. 22521 of 2008(F) : 2 : RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE PRINCIPAL AND SANCTIONING AUTHORITY, CONTROLLING OFFICER, GOVERNMEN4T HOMEOPATHIC MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, DR. PADIAR MEMORIAL MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM. 4. DR. PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, REP. BY ITS SECRETARY, DR. PADDIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM. BY GOVERNMENT PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009. THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22521 of 2008(F) : 3 : K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 22521 of 2008-F --------------------------------------------- Dated this the 22nd January, 2009. J U D G M E N T Petitioners 1,2,3,4,5 and 9 are Lower Division Clerks, petitioners 6 and 7 are Pharmacists and the 8th petitioner is Medical Officer in Dr.Padiar Memorial Homeopathic Medical College, Chottanikkara. Direct payment system was introduced in the college w.e.f. 20.5.2001. The petitioners had earlier approached this Court in W.P(C)No.25592 of 2004 for appropriate reliefs to include them while fixing the staff strength and to approve them as staff and to release their salary. As per Ext.P1 judgment dated 3.3.2005, W.P(C)No.25592 of 2004 was disposed of. 2. It is stated that W.A.No.1530/2004 filed by the Government against Ext.P1 judgment was dismissed. S.L.P.No.19951/2005 filed against the Writ Appeal judgment, is pending. However, no interim order was passed in the S.L.P. The petitioners say that Ext.P1 judgment was finally implemented and the petitioners were included as staff. Arrears of salary was also disbursed to them. However, the arrears of salary for the period from 1.1.2000 to 31.12.2004 was not disbursed. The prayer in the Writ Petition is issue a writ of mandamus commanding the respondents 1 to 3 to sanction and disburse the arrears of salary to the petitioners for the W.P(C) No. 22521 of 2008-F : 2 : aforesaid period, expeditiously. 3. The 2nd respondent has filed counter affidavit. The entitlement of the petitioners to get the arrears of salary for the period mentioned above is not disputed. However the 2nd respondent says that due to the lack of funds the arrears could not be disbursed. Paragraphs 5 to 7 of the counter affidavit are extracted below for easy understanding: “5. Government have allotted fund for the financial year 2008-09 under the Head of Account 2210-05-800-85- 01-NP for meeting the monthly salary of the staff of the Three Aided Homoeo Colleges, ie. ANSS Homeo Medical College, Kottayam, Dr.Padiyar memorial Homoeo Medical College, Ernakulam and Sree Vidyadhiraja Homoeo Medical College, Nemom, Trivandrum. The allotted fund is Rs.3,60,21,000/- and the amount is only limited for payment of monthly salary to 3 aided colleges. The details of provision of fund is shown in Exhibit R2(a). So arrear salary bills can be passed only after getting additional funds under H/A 2210-05-800-85-01-NP. During this year, after passing the salary bills of Dr.Padiyar Memorial Homeo Medical College and ANSS Homoeo Medical College till the month of July 2008 the balance amount under this head is Rs.2,28,50,906/-. Besides this, three months salary of the staff of Sree Vidyadhiraja Homoeo College has not been paid and is pending for some other reasons. The next 7 months salary bills, Earned leave surrender bills, Bonus bills etc. of these colleges are also to be paid. Under these circumstances, the petitioners arrear salary cannot be met from the balance amount under the H/A 2210-05-800-85- 01-NP. 6. The total arrear salary amount of the petitioners is approximately Rs.28 lakhs. Disbursing of this amount at the middle of this financial year will badly affect the monthly W.P(C) No. 22521 of 2008-F : 3 : payment of the salary bill of the staff of all the three aided Homoeo Colleges in the State. This office has forwarded a proposal to Government for sanctioning of additional fund for the disbursement of arrear salary due to the petitioners for the period from 1.1.2000 to 31.12.2004. 7. The approximate amount of arrear salary of the petitioners comes to Rs.28 lakhs. After disbursing the salary from the month of April 2008 onwards, the balance amount available under the H/A 'Salaries' is Rs.2,28,50,906/- it is only sufficient to pass salary for the remaining months. Passing of arrear bills of the petitioners at this time will badly affect the regular monthly payment of salary of staff of the 3 aided colleges. Government have been informed of the matter. The arrears will be disbursed after sanctioning of additional fund for the purpose.” 4. In the light of the averments in the counter affidavit, the only point to be considered is how much time is required to disburse the arrears of salary to the petitioners. In the light of the averments in paras 5 to 7 in the counter affidavit and in the light of the submission made by the learned Senior Government Pleader, I am of the view that it would not be unjust to grant four months' time to pay the arrears of salary to the petitioners. Accordingly, the writ petition is allowed directing the 2nd respondent to disburse the arrears of salary to the petitioners for the period from 1.1.2000 to 31.12.2004 as expeditiously as possible and at any rate within a period of four months from today. Sd/- K.T.SANKARAN JUDGE //True copy// ab PA to Judge W.P(C) No. 22521 of 2008-F : 4 :