IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 37098 of 2008(N) -------------------------- PETITIONERS: -------------------- 1. RAJAN V. THOMAS, LECTURER SELECTION GRADE, DEPARTMENT OF BOTANY, BASELIUS COLLEGE, KOTTAYAM, KOTTAYAM. 2. G. ALEXANDER, LECTURER SELECTION GRADE, DEPARTMENT OF BOTANY, BASELIUS COLLEGE, KOTTAYAM. 3. V.A.PHILIP, LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM BASELIUS COLLEGE, KOTTAYAM , KOTTAYAM. 4. SHYLA ABRAHAM, LECTURER SELECTION GRADE DEPARTMENT OF MALAYALAM, BASELIUS COLLEGE, KOTTAYAM, KOTTAYAM. 5. MARY MATHEW, LECTURER SELECTION GRADE DEPARTMENT OF MALAYALAM, BASELIUS COLLEGE, KOTTAYAM, KOTTAYAM. 6. DR. A.M. UNNIKRISHNAN, READER, DEPARTMENT OF MALAYALAM, BASELIUM COLLEGE, KOTTAYAM, KOTTAYAM. 7. DR.SHERLY KURIAN, LECTURER SELECTION GRADE DEPARTMENT OF MALAYALAM, BASELIUS COLLEGE, KOTTAYAM, KOTTAYAM. 8. MOTTY THOMAS, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, BASELIUS COLLEGE, KOTTAYAM. 9. K.V. GEORGE, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE, BASELIUS COLLEGE, KOTTAYAM. 10. P.M. JAMES, LECTUER SELECTION GRADE, DEPARTMENT OF COMMERCE, BASELIUS COLLEGE, KOTAYAM. 11. J. NALINI, LECTURER SELECTIOIN GRADE, DEPARTMENT OF COMMERCE, BASELIUS COLLEGE, KOTTAYAM. 12. JOY K. VARKEY LECTUER SELECTION GRADE, DEPARTMENT OF COMMERCE, BASELIUS COLLEGE, KOTTAYAM. 13. OMANA MATHEW, LECTURER SELECTION GRADE, DEPARTEMNT OF ECONOMICS, BASELIUS COLLEGE, KOTTAYAM. 14. C.V.SCARIAKUTTY, LECTURER SELECTION GRADE, DEPARTEMNT OF ECONOMICS BASELIUS COLLEGE, KOTTAYAM. /2/ 15. SHAJU M.J. LECTUER SENIOR SCALE, DEPARTEMNT OF ECONOMICS, BASELIUS COLLEGE, KOTTAYAM. 16. P.J.MATHEW, LECTURER SELECTION GRADE, DEPARTMENT OF ECONOMICS BASELIUS COLLEGE, KOTTAYM. 17. JOSE ABRAHAM, LECTURER SENIOR SCALE, DEPARTMENT OF ZOOLOGY BASELIUS COLLEGE, KOTTAYAM. 18. DR. SUSAN PANIKER, READER, DEPARTMENT OF ZOOLOGY, BASELIUS COLLEGE, KOTTYAM. 19. BEENA JACOB, LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY, BASELIUS COLLEGE, KOTTAYAM. 20. V.M. MATHEW, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS, BASELIUS COLLEGE, KOTTYAM. 21. ELIZABETH VARGHESE, LECTUER SELECTION GRADE, DEPARTMENT OF PHYSICS BASELIUS COLLEGE, KOTTAYAM, 22. DAISY JOSEPH, READER, DEPARTMENT OF PHYSICS, BASELIUS COLLEGE, KOTTAYAM. 23. ANNAMMA KURIAN, LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTTAYAM. 24. SOSAMMA CHANDAPILLAI, LECURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTTAYAM. 25. NEENAMMA JOHN, LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTTAYAM. 26. BEENA KURIAKOSE, LECUTER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTTAYAM. 27. ANNIE MATHEWS, LECTUER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEG,E KOTTAYAM. 28. PONNAMMA P. ANCHERIL, LECTRUER SELECTION GRADE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTTAYAM. 29. SHUMA BINA THOMAS, LECTUER SENIOR SCALE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTTAYAM. 30. JALAJA J. MALAYAN, LECTUER SENIOR SCALE, DEPARTMENT OF CHEMISTRY, BASELIUS COLLEGE, KOTAYAM. 31. VARGEHSE LEENA, READER, DEPARTMENT OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM. 32. JOY JOSEPH, LECTUER SENIOR SCALE, DEPAREMTN OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM. 33. DAISY ZACHARIAH, LECURER SELECTION GRADE, DEPARTMENT OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM. /3/ 34. MAYA KURIAKOSE V. LECTUER SENIRO SCALE, DEPARTMENT OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM. 35. JOYTHIMOL P., LECTUER SENIOR SCALE, DEPARTMENT OF ENGLISH BASELIUS COLLEGE, KOTTAYAM. 36. ELSA C MARIA SEBASTAIN, LECTURER SENIOR SCALE, DEPARTMENT OF ENGLISH, BASELIUS COLLEGE, KOTTAYAM. 37. GEETHAKUMARI K.R., LECETUER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, BASELIUS COLLEGE, KOTTAYAM. 38. M. VIJAYALAKSHMI, LECTUER SELECTION GRADE, DEPARTMENT OF MATHEMATICS, BASELIUS COLLEGE, KOTTAYAM. 39. ANNIE CHERIAN, LECTUER, DEPARTMENT OF STATISTICS, BASELIUS COLLEGE, KOTTAYAM. 40. N.V. LEELA, LECTUER SELECTION GRADE, DEPARTMENT OF SYRIAC, BASELIUS COLLEGE, KOTTAYAM. 41. JOSHUA GEORGE, LECTUER SELECTION GRADE, DEPARTMENT OF POLITICIS, BASELIUS COLLEGE, KOTTYAM. 42. M.V. VARKEY, LECTURER SLEECTION GRADE, DEPARTMENT OF POLITICS, BASELIUS COLLEGE, KOTTAYAM. 43. DR. BIJU THOMAS, LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICAL EDUCATION, BASELIUS COLLEGE, KOTTAYAM. 44. DR. P.V.VISWANATH NAMPOOTHIRI, READER, DEPARTMENT OF SANSKRIT, BASELIUS COLLEGE, KOTTYAM. BY ADV. SRI.P.VIJAYAKUMAR SRI.K.M.KURIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, FINANCE DEPARTEMTN SECERETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION , KOTTAYAM. 3. THE DISTRICT TREASURY OFFICER, KOTTAYAM. 4. THE PRINCIPAL, BASELIUS COLLEGE, KOTTAYAM. BY GOVT. PLEADER SRI. T.T. MOHAMMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ------------------------- W.P.(C).No.37098/2008 ------------------------- Dated this the 16th day of December, 2008. JUDGMENT Petitioners are working as Lecturers working under the 4th respondent College. They are aggrieved by Exts.P1 to P5 to the extent without being realizing the amount required for discharging the income tax liability,the entire arrears of Dearness Allowance granted is being remitted to the P.F account. In this writ petition what they claimed is, at least the amount required for discharging the tax liability should be released to them. Several judgments have been passed by this court on the same issue and Ext.P6 is one of the judgments directing that the required amount for discharging the liability arising out of the Income Tax Act should be released to the petitioners therein. In view of the similarity of the fact complained, I am satisfied that the petitioners are also entitled to the similar relief. Accordingly, the writ petition is disposed of directing that the respondents shall release the required amount from out of the amount of arrears of Dearness Allowance to the petitioners in order to enable them to discharge the income tax liability arising therefrom. 2 Writ Petition is disposed of with the aforesaid direction. (ANTONY DOMINIC) JUDGE vi/