IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 22759 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. K.V.RAMAN, S/O.KUNHAMBU KURUP, AGED 60 YEARS, WATCHMAN, SREE VAYATHOOR KALIYAR KSHETHRAM, ULIKKAL.P.O., KANNUR DISTRICT. 2. K.P.GOPALAN, S/O.KUNHIRAMAN NAMBIAR, AGED 50 YEARS, WATCHMAN, -DO- 3. C.K.GANGADHARAN, S/O.KUTTIAPPA NAMBIAR, WATCHMAN, -DO- 4. KUNHIKRISHNA MARAR, S/O.ANANTHAN MARAR, AGED 62 YEARS, "VADYAM", -DO- 5. P.K.VANAJA, SWEEPER, -DO- BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER, HR & CD DEPARTMENT, KANHANGAD, KASARAGODE DISTRICT. 2. K.T.RAVEENDRANATH, TRUSTEE, SREE VAYATHUR KALIYAR KSHETHRAM, ULIKKAL P.O., KANNUR DISTRICT. 3. A.R.DAMODARAN, CHAIRMAN, BOARD OF TRUSTEES, SREE VAYATHUR KALIYAR TEMPLE, ULIKKAL P.O., KANNUR DISTRICT. 4. STATE OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. ADDL.R5 5. MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM P.O., KOZHIKODE, REP. BY ITS SECRETARY. (Impleaded as per order dated 23.9.09 in I.A.11510/09) ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1 GP SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22759 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE STATEMENT SHOWING THE ARREARS OF SALARY OF THE 1ST PETITIONER EXT.P2- TRUE COPY OF THE STATEMENT SHOWING THE ARREARS OF SALARY OF THE 2ND PETITIONER EXT.P3- TRUE COPY OF THE STATEMENT SHOWING THE ARREARS OF SALARY OF THE 3RD PETITIONER EXT.P4- TRUE COPY OF THE STATEMENT SHOWING THE ARREARS OF SALARY OF THE 4TH PETITIONER EXT.P5- TRUE COPY OF THE STATEMENT SHOWING THE ARREARS OF SALARY OF THE 5TH PETITIONER EXT.P6- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.10.04 EXT.P7- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE CHIEF MINISTER DATED 19.10.04 EXT.P8- TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY COLLECTOR, KANNUR, DATED 20.11.04 EXT.P9- TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 4.12.04 EXT.P10- TRUE COPY OF THE JUDGMENT IN WP(C).12180/06 OF THIS HONOURABLE COURT. EXT.R2(a)- TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT NO.A2- 2726/2007 DATED 24.1.09 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).22759/2009 -------------------- Dated this the 27th day of May, 2010 JUDGMENT Petitioners 1 to 3 are Watchmen working under respondents 2 and 3. Similarly the 4th petitioner is a “Vadyam” and the 5th petitioner is a Sweeper, also under respondents 2 and 3. Their grievance is that their salary is remaining unpaid for the period from 1999 to 2005. Petitioners submit that according to them, although they are entitled to be paid wages and represented the matter, orders have not been passed and therefore, the amounts are remaining unpaid even as of now. 2. Heard the learned Standing Counsel for the respondents. Respondents 2 and 3 have produced Ext.R2(a) along with the counter affidavit. Ext.R2(a) is a letter issued by the Assistant Commissioner of the 5th respondent Devaswom Board, requesting for the sanction of the Commissioner of the Board for paying the arrears due to the employees for the period from 1999 to 2002 from out of the Management fund. It is stated that since the Commissioner has not passed orders on the proposal W.P.(C).22759/09 2 made by the Assistant Commissioner, delay has occurred in disbursing the arrears. Insofar as the claim of the petitioners that the amount is remaining unpaid for the period upto 2005 is concerned, although the learned counsel for respondents 2 and 3 submits that payment has been made for the period subsequent to 2003, in view of the dispute raised by the learned counsel for the petitioners, it is submitted that the same will be verified and if payment is due as claimed by the petitioners, appropriate action in the matter will be taken. 3. In the circumstances as pointed out above, I dispose of this writ petition with the following directions. (i). The Commissioner of the 5th respondent Board, shall consider Ext.R2(a) proposal made by the Assistant Commissioner, as expeditiously as possible, at any rate, within three weeks of production of a copy of this judgment. It is directed that once orders are passed on Ext.R2 (a), necessary action shall be taken by respondents 2 and 3 without any further delay in the matter. W.P.(C).22759/09 3 (ii). Insofar as the claim of the petitioners for payment of arrears till 2005 is concerned, it is directed that respondents 2 and 3 shall verify their records and if the claim is found to be satisfactory, proposal similar to Ext.R2(a) shall be made to the Commissioner of the Board who shall, on receipt of the proposal, take appropriate decision in the matter without any delay. ANTONY DOMINIC, Judge mrcs