IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 21922 of 2009(I) -------------------------- PETITIONER(S): --------------- K.P.SAIRAJ,AGED 47 YEARS, S/O.LAT K.N.KRISHNA PILLA,RACHANA,AVIL MILL ROAD, VANIYAMKULAM POST,PALAKKAD-679522. BY ADV. SRI.T.O.XAVIER RESPONDENT(S): --------------- 1. TE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,MAVELI BHAVAN,MAVELI ROAD, GANDHINAGAR,KOCHI-682020,REPRESENTED BY ITS MANAGING DIRECTOR. 2. REGIONAL MANAGER,THE KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,REGIONAL OFFICE, MANGALAM TOWERS,PALAKKAD, PIN-678014. 3. THE ASSISTANT MANAGER,THE KERALA STATE CIVIL SUPPLIES,CORPORATION LIMITED,ALATHUR DEPO ALATHUR POST,PALAKKAD. 4. STATE OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF SECRETARY. ADDL.R5 5. THE SECRETARY, AGRICULTURAL DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM (Impleaded as per order dated 19.8.09 in I.A.10358/09) ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21922 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE PROCEEDING OF 2ND RESPONDENT DATED 31.7.09 EXT.P2- A TRUE COPY OF PROCEEDING DATED 15.7.08 EXT.P3- A TRUE COPY OF THE 5TH RESPONDENT OF THE PROCEEDING DATED 4.8.09 EXT.P4- TRUE COPY OF THE PROCEEDING OF THE 2ND RESPONDENT DATED 5.8.09 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ....................... W.P.(C).21922/2009 ....................... Dated this the 31st day of May, 2010 JUDGMENT Petitioner is an Agricultural Officer who was on deputation to the 1st respondent as Paddy Marketing Officer. Deputation was from 1.5.2009. However petitioner applied for leave and on account of his absence, the very purpose of deputation was not served. Corporation relieved the petitioner with effect from 15.5.2009 and repatriated him to the Agricultural Department to which he belonged. It is seen that he reported to the Director of Agriculture on 3.8.2009 for posting orders. Subsequently the Director of Agriculture issued Ext.P3 proceedings dated 4.8.2009, regularizing his absence for the period from 16.5.2009 to 2.8.2009. 2. Petitioner now submits that he has not been paid salary for the period from 1.5.2009 to 31.7.2009 and therefore, salary should be ordered to be paid. 3. Though his deputation was terminated only from 15.5.2009, fact remains that the petitioner did not report for duty W.P.(C).21922/09 2 in the service of the 1st respondent during the said period. Therefore, petitioner having not worked under the 1st respondent for the period upto 15.5.2009, I do not think there is any justification for the petitioner to claim salary for the work he did not do. However, from Ext.P3, it would appear that his absence for the period from 16.5.2009 to 2.8.2009 has been regularized. If that be so, he is eligible for salary for the said period and that too he can claim only from the Agricultural Department. Therefore I dispose of this writ petition directing that the additional 5th respondent will pass orders regarding disbursement of the salary for the period from 16.5.2009 to 31.7.2009. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. ANTONY DOMINIC, Judge mrcs