IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 12733 of 2008(N) --------------------------------------- PETITIONER: ------------------- V.V.SUNNY, VALANKIZHIYIL HOUSE, ARAKKULAM P.O., IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, PINAVU, IDUKKI. R1 & R2 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12733/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 17/07/2002 PASSED BY THE R.2. EXT.P.2: COPY OF THE G.O. (MS). 39/06/LAW DTD. 07/03/2006. EXT.P.3: COPY OF THE G.O. (RT) 179/06/HOME DTD. 23/01/2006. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. ON 29/02/2008. EXT.P.5: COPY OF THE JUDGMENT DTD. 12/11/2007 IN W.P.(C). NO. 29826/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.12733 of 2008 ------------------------- Dated this the 27th day of November, 2008. JUDGMENT The petitioner, an advocate practising before various courts in Idukki District, was appointed as the Government Law Officer in the Munsiff's Court, Devikulam from 23.5.2002 to 30.4.2007, as evidenced by Exts.P1 and P2. He discharged his functions as well. He is aggrieved that he has not been paid the remuneration for the period during which he was functioning as Law Officer. Reference is made to Ext.P3 dated 23.1.2006 whereby, according to the petitioner, in similar circumstance one Sri.Haneefa Rawther was paid remuneration at the rate of Rs.9,000/- per month. The request made by the petitioner for his professional remuneration has not been heeded to. Hence this writ petition. 2. A counter affidavit has been filed by the 2nd respondent. Paragraph 6 of the same reads as follows: W.P.(C).NO.12733/08 :: 2 :: “The petitioner has stated in the writ petition that he has done the Government work as a Government Advocate from 23.5.2002 to 30.4.2007. During the period he has not produced the documents such as order of appointment and report of transfer of charge etc. requested from this office. It is humbly reported that reason for the non payment of the claim is that the petitioner has not furnished the documents requested to him to produce before this office and this office has no intention for the non-payment of the claim of the petitioner.” 3. I am not completely satisfied by the explanation offered by the 2nd respondent. It is the Government, which has appointed the petitioner and apparently they must be aware of the report of the transfer of charge; it must be available in the judicial files. It is not easily comprehensible as to why the petitioner should now be called upon to produce the files, which are with the Government. The petitioner has produced a copy of the order of appointment in this writ petition. W.P.(C).NO.12733/08 :: 3 :: In the result, the writ petition is disposed of directing the respondents to take steps to disburse to the petitioner the amounts due as professional remuneration, in the light of Ext.P3, within one month from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment and a copy of the writ petition before the 2nd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy//