IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 37742 of 2007(R) -------------------------- PETITIONER: ------------ S.ANILKUMARAN NAIR, (JUNIOR INSPECTOR, SPCA, TRIVANDRUM), PRANAVAM, ULIYOOR, PAZHAKUTTY P.O., NEDUMANGAD, TRIVANDRUM DISTRICT. BY ADV. SRI.K.N.CHATHUKUTTY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR OF ANIMAL HUSBANDRY, VIKAS BHAVAN, TRIVANDRUM. 4. THE SECRETARY, DISTRICT PANCHAYATH, PATTOM, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, ALONG WITH WPC NO. 37771 OF 2007 WPC NO. 37881 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s. 37742, 37771, 37881 of 2007 -------------------- Dated this the 8th day of February, 2008 JUDGMENT Common issues arise for consideration in these writ petitions. Therefore, they are heard together and are disposed of by a common judgment. Petitioners are employees of the Society for Prevention of Cruelty to Animals (Thiruvananthapuram Branch in Writ Petition Nos.37742/2007 and 37771/2007 and Eranakulam Branch in Writ Petition No.37881/2007). Their grievance is that they have not been paid salary with effect from 1.4.2007. Statement has been filed on behalf of the third respondent namely the Director of Animal Husbandry. Paragraphs 5, 6 and 10 of the said statement are relevant and are extracted herein. “As per G.O.(MS).No.306/97/AD dated 27.11.97 and G.O.(MS) No.79/74 Agri.dated 18.3.1974, budget estimate of each financial year along W.P.(C).37742, 37771 & 37881/2007 2 with the performance report and audited accounts of the previous year should be submitted to District Panchayat well in advance by Secretary SPCA through Chief Veterinary Officer/District Animal Husbandry Officer and in turn submit the budget proposal after obtaining suggestions from the District Panchayat to the Director for Animal Husbandry for approval. No budget estimate was forwarded by Secretary, SPCA, Thiruvananthapuram so far. Hence no budget estimate containing suggestions of District Panchayat, Thiruvananthapuram has been received. Budget estimate for SPCA, Kozhikode, Kollam, Palakkad have been received on 21.12.2007, 21.12.2007, 07.12.2007 respectively. Reposts from other districts are awaited. The Director of Local Fund Audit vide letter No.LF.17057/MS2/05 dated 17.05.2006 has reported that the audit attempt of SPCA, Thiruvananthapuram was failed due to non- submission of annual account and incompleteness of Receipt and Expenditure Register of SPCA, Thiruvananthapuram. Inspector General of Registration vide D.O. W.P.(C).37742, 37771 & 37881/2007 3 Letter No.L2.16173/05 dated 11.8.2005 has reported that SPCA, Thiruvananthapuram, had not submitted any documents as required by the Travancore, Cochin Literary Scientific and Charitable Societies Act after 1995. At present, there is no provision in the Department Budget for payment of salary to the SPCA staff. This is because of the non submission of Budget estimates and related documents well in time by the SPCA Authorities. Director of Animal Husbandry has convened a meeting of Chief Veterinary Officers and SPCA Authorities in all Districts at Kerala Veterinary Council Hall, Peroorkada, Thiruvananthapuram, on 9.1.2008 at 11.00 A.M so as to strengthen the working of the SPCAs. But representative of SPCA, Thiruvananthapuram has not attended the meeting. This being the circumstances the grounds taken by the petitioner are not tenable in the eye of law and none of the prayers are liable to be granted. The W.P is devoid of any merits and is liable to be dismissed.” W.P.(C).37742, 37771 & 37881/2007 4 Learned counsel for the petitioners submits that they are employees of the SPCA and therefore forwarding a budget estimate for each financial year, relating to the functioning of SPCA are matters which are not within their domain. There is force in this submission. But at the same time, learned Government Pleader is correct in submitting that unless the Secretary of the SPCA forwards the estimate of the SPCA in time, it may not be possible for the Director of Animal Husbandry to in turn forward the same to the Government. Apparently the delay in appropriate orders being passed by the Government as regards the functioning of SPCA stands in the way of disbursal of the salary to the petitioners for the period from 1.4.2007. Learned Government Pleader further submits that going by the statement of the third respondent, SPCA, Thiruvananthapuram, is no longer functioning. Learned counsel for the petitioners refutes the same. In my view W.P.(C).37742, 37771 & 37881/2007 5 this is an issue that may be decided by the Government for, as along as SPCA functions, salary has to be paid to the staff in the SPCA. In the result, writ petitions are disposed of in the following terms: Third respondent, Director of Animal Husbandry, will take appropriate steps to see that the SPCA, Thiruvananthapuram and Eranakulam submit the proposal for budgetary estimate for the respective offices at the earliest, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. In this context, learned counsel for the petitioners undertakes to take appropriate steps to see that the Secretary of the concerned SPCA submits the proposal in the prescribed proforma as is being done to the District Panchayat and the same is forwarded to the Director of Animal husbandry, within the time frame indicated. On receipt of the proposal for the budgetary estimate, Director of Animal Husbandry, along with his remarks shall forward the same to the Government within one W.P.(C).37742, 37771 & 37881/2007 6 month of receipt of the same and thereupon Government shall take necessary action to see that the persons who have actually rendered service are paid salary for the period they had served. Government shall do so at the earliest, at any rate within six weeks from the date of receipt of requisition and necessary papers from the Director of Animal Husbandry. V.GIRI, Judge mrcs W.P.(C).37742, 37771 & 37881/2007 7