IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 5985 of 2006(N) ------------------------- PETITIONER: ------------ RAGHAVAN P.K. (RETIRED TRAINING INSPECTOR, EDAPPALLY STAFF TRAINING CENTRE), PALAYIL HOUSE, P.O. PARLIKKAD, THRISSUR DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCHEDULED CASTE & SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, SCHEDULED CASTE DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR, SCHEDULED CASTE DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, P.O. AYYANTHOLE, THRISSUR. BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- WP(C).No. 5985 of 2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE LETTER NO.B2-5273/2004 BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 17.12.2004 EXHIBIT-P2: TRUE COPY OF THE LETTER NO.A3-20529/04 BY THE3RD RESPONDENT TO THE 4TH RESPONDENT DATED 24.10.2005 EXHIBIT-P3: TRUE COPY OF THE G.O (P) NO.185/2002/FIN. DATED 27.3.2002 RESPONDENTS EXHIBITS: EXHIBIT R3 (a): TRUE COPY OF THE PHOTOSTAT COPY OF THE LIABILITY CERTIFICATE /TRUE COPY/ P.A. TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.5985 of 2006 -------------------------- Dated this the 28th July, 2008 J U D G M E N T Petitioner retired from the Scheduled Caste Development Department on 31.12.1993 as a Training Inspector. According to him, he was holding the post of Secretary in M/s.Ex-Trainees Industrial Co- operative Society Ltd No.285, Enkakad from 01.02.1985 to 24.09.1987 and from 25.09.1987 to 15.02.1988. Apparently, he did not get the salary from 01.01.1987. By Exhibit P2, an intimation was sent from the Director of Scheduled Caste Development Department requiring the General Manager of the District Industries Centre to quantify the amount due to the petitioner as salary for the period from 01.01.1987 to 24.09.1987 and from 24.09.1987 15.02.1988 in as much as that the petitioner was working on deputation with the District Industries Centre. According to the petitioner, this amount has W.P ( C) No.5985 of 2006 2 also not been paid to him. The writ petition has been filed seeking a direction to the respondents to disburse the DCRG, arrears of salary and family benefits scheme due to the petitioner with 12% interest. 2. A counter affidavit has been filed by the 3rd respondent. Reference has been made to an earlier writ petition filed by the petitioner as O.P No.10695 of 1996 which was disposed of stating that the court cannot issue a direction to pay the gratuity to the petitioner as his liability is more than the amount sanctioned to him by way of DCRG. The petitioner has not disclosed the earlier writ petition in the present writ petition. 3. The prayer made for a direction to disburse the DCRG obviously cannot be entertained in the light of the judgment in O.P No. 10695 of 1996. What remains is the amount stated to be due to the petitioner as per Exhibit P2. After hearing counsel on both sides, the writ petition is disposed of directing the 3rd respondent to W.P ( C) No.5985 of 2006 3 decide whether any amount is due to the petitioner by way of arrears of salary in the manner mentioned in Exhibit P2 and then take steps to disburse the same, within a period of three months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No.5985 of 2006 4 W.P ( C) No.5985 of 2006 5