IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 8126 of 2009(I) ------------------------- PETITIONER(S): ------------------ N.K.MUHAMMED ZAHEER, JUNIOR SUPERINTENDENT/LAISON OFFICER (RETD), SCHEDULE CASTE DEVELOPMENT DEPARTMENT, RESIDING AT NAMBOOTHIRIMADOM, SIVARAMA MENON ROAD, ERNAKULAM, KOCHI-682018. BY ADV. SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.L.ALOYSIUS THOMAS RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SCHEDULE CASTE SCHEDULE TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR, SCHEDULE CASTE DEVELOPMENT DEPARTMENT, O/O THE SC DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 3. DIRECTOR, KIRTADS, CHEVAYOOR P.O., KOZHIKODE-17. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8126/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE GO(RT) NO.150/2007/SCSTDD DT 12.2.2007. EXT.P2: PHOTOCOPY OF THE ORDER NO.B.971/06 DT 20.2.2007 REAPPOINTING THE PETITIONER. EXT.P3: PHOTOCOPY OF GO(RT)NO.798/2008 SCSTDD/DT 7.7.2008. EXT.P4: PHOTOCOPY OF THE REQUEST FOR PERMISSION TO RETAINT HE PETITIOENR SUBMITTED BY THE SPECIAL GOVERNMENT PLEADERS. EXT.P5: PHOTOCOPY OF THE DUTY CERTIFICATE ISSUED BY THE GOVERNMENT PLEADERS. EXT.P6: PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 14.8.2008. EXT.P7: PHOTOCOPY OF THE REMINDER SENT BY THE PETITIONER DT 14.1.2009. EXT.P8: PHOTOCOPY OF LETTER NO.E6 8586/03 DT 12.5.2008. EXT.P9: PHOTOCOPY OF LETTER NO.A5 17567/06 DT 12.5.2008. EXT.P10: PHOTOCOPY OF LETTER NO.A5 10170/2007 DT 22.5.2008. EXT.P11: PHOTOCOPY OF LETTER NO.A5 17590/06 DT 29.5.2008. EXT.P12 PHOTOCOPY OF LETTER NO.A1 15972/065 DT 19.6.2008. EXT.P13: PHOTOCOPY OF LETTER NO.13093/G2/08/SCSTDD DT 20.6.2008. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 8126 OF 2009 (I) ===================== Dated this the 7th day of December, 2009 J U D G M E N T Petitioner was a Junior Superintendent under the 2nd respondent. In this writ petition, what he claims is for wages for the period 6/9/07 to 30/6/2008 when he worked as a Liaison Officer in the Advocate General's Office. 2. Facts of the case show that while working as Junior Superintendent under the 2nd respondent, petitioner was posted on deputation as Liaison Officer in the Advocate General's Office from 1992 and this continued till 30/4/2006, the date on which the petitioner retired on attaining the age of superannuation. According to him, thereafter, he was asked to continue and by Ext.P1 dated 12/2/007, sanction was accorded by the Government to appoint the petitioner on contract basis for six months limiting the monthly pay to emoluments last drawn minus pension. Accordingly, by Ext.P2 order, he was appointed for the period upto 6/9/07. Still later, by Ext.P3, sanction was accorded for his appointment for the period from 1/5/2006 to 19/2/2007. Despite the expiry of the period of Ext.P2 order of appointment viz., WPC 8126/09 :2 : 6/9/07, petitioner continued to discharge the duties and thus continued till 30/6/2008 when another person was appointed in his place. But he has not been paid wages for the aforesaid period and therefore the writ petition is filed. 3. To substantiate the plea that the petitioner has discharged the duties during the above period, he has produced Ext.P5 certificate issued by the concerned Government Pleader to the effect that he had discharged the duties as a Liaison Officer. He has also produced Exts.P8 to P13 communications issued by the 2nd and 3rd respondents during the aforesaid period, in connection with cases concerning their Department. 4. Respondents have filed a statement where they say there was no Government Order sanctioning his appointment during the period 6/9/07 to 30/6/2008 and this is the reason for non payment. On the materials produced, it is clear that the petitioner has discharged the duties during the aforesaid period. If so, he is entitled to be paid. Admittedly payment has not been made and therefore I dispose of this writ petition directing the respondents to ensure that the petitioner is paid the amount due WPC 8126/09 :3 : to him provided in Ext.P1 order for the period 6/9/07 to 30/6/2008. Needful shall be done and payment will be made, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp