IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 5440 of 2006(V) ---------------------------------------- PETITIONER(S): ------------------------- 1. BIJUMON K., AGED 35 YEARS, S/O.KRISHNA PILLAI, DRIVER, ARYAN KAVU GRAMA PANCHAYATH, RESIDING AT HARIVILASAM, ACHANKOVIL P.O., PIRAVANTHOOR, PATHANAPURAM TALUK, KOLLAM. 2. SURESH KUMAR R., AGED 30 YEARS, S/O.RAMACHANDRAN PILLAI, DRIVER, ARYANKAVU GRAMA PANCHAYATH, RESIDING AT EAST FIELD ESTATRE NO.3 DIVISION, KALTHURUTHY P.O. PATHANAPURAM, KOLLAM. BY ADVS. MR.C.UNNIKRISHNAN (KOLLAM), MR.S.ABHILASH. RESPONDENT(S): ---------------------------- 1. THE MEMBER SECRETARY(DMO-H), DISTRICT HEALTH AND FAMILY WELFARE AGENCY, DISTRICT T.B.CENTRE, KOLLAM. 2. THE SECRETARY, ARYANKAVU GRAMA PANCHAYATH, ARYANKAVU, KOLLAM. 3. THE DISTRICT COLLECTOR (CHAIRMAN, DISTRICT HEALTH AND FAMILY WELFARE AGENCY), KOLLAM. 4. THE MEDICAL OFFICER, P.H.CENTRE, ARYANKAVU, KOLLAM. 5. THE MEDICAL OFFICER, P.H.CENTRE, ACHANKOIL, KOLLAM. R2 BY ADVS. MR.K.ANAND, MR.C.E.BASHIR. R3 BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5440/2006V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER NO.E.C./06/01/D.H & FWA DTD. 10/01/02. EXT.P2: COPY OF THE LETTER NO.E.C./06/01/D.H.& FWA DTD.30/3/02. EXT.P3: COPY OF THE LETTER NO.E../06/01/D.H.& FWA DTD.5/01/04. EXT.P4: COPY OF THE ORDER NO.EC/06/01/D.H.& FWA DTD.3/2/05. EXT.P5: COPY OF THE REPRESENTATION DTD. 1/04/05 PREFERRED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE DECISION DTD. 30/06/04 OF ARYANKAVU GRAMA PANCHAYATH. EXT.P7: COPY OF THE LETTER NO.MCP/PPM/13/04 DTD. 18/10/04 ISSUED BY THE TAHASILDAR, PATHANAPURAM TO THE DISTRICT COLLECTOR, KOLLAM. EXT.P8: COPY OF THE REPRESENTATION DTD. 25/11/04 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. ================== W.P.(C) No.5440 of 2006 ===================== Dated this the 12th day of February, 2009. JUDGMENT The petitioners are Drivers engaged by the second respondent Panchayat to drive the Ambulances provided in the Public Health Centres at Achankoil and Aryankavu during the period from April 2004 to May, 2005. The petitioners submit that their representations to various authorities regarding payment of salary have not been considered so far. 2. The second respondent Panchayat has filed a counter affidavit contending that the ownership of the vehicles was transferred to the Panchayat only in February, 2005, that the petitioners were engaged to drive the Ambulances, that the user fee collected by hiring out the Ambalances was not sufficient to pay salary to the petitioners after meeting the maintenance charges of the vehicles and that the Panchayat funds cannot be used to pay wages to the petitioners without the sanction of the competent authority. 3. In the counter affidavit the Panchayat has expressed inability to pay the salary and allowances to the petitioners during the period from April, 2004 to May, 2005 on two grounds. The first ground is that user WP(C) 5440/06 -: 2 :- fee which the Panchayat was able to collect by hiring out the Ambulances was insufficient to pay their salary after meeting the maintenance charges. The second ground is that the funds of the Panchayat cannot be utilised to pay salary in the absence of sanction from the competent authority. The Panchayat does not however dispute the fact that the petitioners were engaged to drive the Ambulances during the period from April, 2004 to May, 2005 and that they have not been paid salary and allowances during the said period. In my opinion, the stand taken by the Panchayat cannot be countenanced. The Panchayat is bound to pay salary and allowances to the petitioners during the period from April, 2004 to May, 2005. If the sanction of any authority is required to utilise the funds of the Panchayat to meet the expenses in that regard, it is for the Panchayat to take necessary steps to obtain such permission. The Panchayat ought to have in my opinion, instead of driving the petitioners to move this Court, paid them the salary and allowances which they were entitled to. Instead, the Panchayat has after denying them salary, put forward untenable contentions justifying their stand. 4. In the result, I dispose of this Writ Petition with a direction to the second respondent Panchayat to pay to the petitioners' the salary and allowances which they were entitled to during the period from April, 2004 to May, 2005. Payment as directed above, shall be made within two months from the date on which the petitioners produce a certified copy of this judgment before the Secretary of the second respondent WP(C) 5440/06 -: 3 :- Panchayat. If payment as directed above is not paid within the said period, the petitioner will be entitled to simple interest at 7.5% from this date. The Writ Petition is disposed of as above. P.N.Ravindran, Judge. ess 27/2