IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 10377 of 2004(I) ------------------------------------ PETITIONER: ----------------- SREENI C.J. S/O. MATHAI, CHERADIKKAL HOUSE, KALPETTA NORTH, WAYANAD. WORKING JUNIOR INSPECTOR, SOCIETY FOR PREVETION OF OF CRUELTY TO ANIMALS, (SPCA), WAYANAD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF ANIMAL HUSBANDRY, THIRUVANANTHAPURAM. *3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. * RESPONDENT NO. 3 IS CORRECTED AS THE 'DISTRICT COLLECTOR, WAYANAD' AS PER ORDER DATED 27/04/2004 IN IA NO. 4999/2004. 4. THE DISTRICT ANIMAL HUSBANDRY OFFICER, WAYANAD. 5. SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS, WAYANAD, REP. BY ITS HUSBANDRY OFFICER, KALPETTA, WYANAD. BY GOVERNMENT PLEADER P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 10377/2004 I APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE JUDGMENT IN OP NO. 412/99 OF THIS COURT DT. 2/07/02. EXT.P2. COPY OF THE ORDER OF THE R3 DT. 1/07/03. EXT.P3. COPY OF THE ORDER OF THE R2 DT. 23/1/2004. EXT.P4. COPY OF THE ORDER OF THE R4 DT. 20/12/2003. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.10377 of 2004 ------------------------- Dated this the 2nd day of April, 2008. JUDGMENT The petitioner, who is working as Junior Inspector in the Society for Prevention of Cruelty to Animals (SPCA), Wayanad, has approached this court aggrieved by the non-disbursal of the salary due to the petitioner. 2. In a statement filed by the 2nd respondent, it is pointed out that the petitioner had been selected initially on contract basis and then confirmed with effect from 24.9.1998 without following the selection procedure. His salary was fixed on 11.7.2003, but, the petitioner was unauthorisedly absent from 14.1.2002 to 10.7.2003. Disciplinary action has been initiated against him and it has not been finalized so far. In paragraph 5 of the statement, it is further stated as follows: “An actual eligible amount required for disbursement of arrears is not available with the District Animal Husbandry Officer, Wayanad. Hence this respondent by letter dated 23.11.07 directed the District Animal Husbandry Officer, Wayanad to calculate the W.P.(C).NO.10377/04 :: 2 :: actual eligible amount (after deducting the amount actually paid) by obtaining report from SPCA authorities and to intimate to the Director of Animal Husbandry. District Animal Husbandry Officer, wayanad is also instructed to direct SPCA authorities to finalise the disciplinary proceedings against Sri.Sreeni, SPCA Inspector at the earliest and also to regularize the period of unauthorised absence. A true copy of the above letter dated 23.11.07 issued by this respondent to the District Animal Husbandry Officer is produced herewith and marked as Exhibit R2(b)for identification.” 3. There are, therefore, two aspects to be dealt with by the Government before salary could be disbursed to the petitioner. One is regarding the finalization of disciplinary proceedings and second is regarding sanctioning of the arrears of salary to the petitioner. Having heard learned counsel on both sides, the writ petition is disposed of directing the Government to take a decision, on the clarification sought for by the 2nd respondent in paragraph 5 of the statement, within a period of two months from the date of receipt of a copy of this judgment. The Government shall pass orders as regards the finalisation of the disciplinary proceedings W.P.(C).NO.10377/04 :: 3 :: against the petitioner, consequent upon the unauthorised absence as noted in the statement. The Government shall also pass orders within the same time frame as regards the sanctioning of the salary payable in the District Animal Husbandry, in respect of the petitioner. Sd/- (V.GIRI) JUDGE sk/ //true copy//