IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 31151 of 2007(H) -------------------------- PETITIONER: ------------ CHRISTHU DAS.D., HELPER, KERALA STATE AUDIO-VISUAL & REPROGRAPHIC CENTRE, HEAD OFFICE COMPLEX, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-13. BY ADV. SMT.S.KARTHIKA RESPONDENTS: ------------- KERALA STATE AUDIA-VISUAL AND REPROGRAPHIC CENTRE, HEAD OFFICE COMPLEX, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-1, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.B.S.KRISHNAN,SC, K.S.A.V.R.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. =============================== WRIT PETITION NO.31151 OF 2007 =============================== Dated this the 31st day of January 2008 JUDGMENT The petitioner, who is working as a Helper in the respondent Corporation is inter alia aggrieved by Ext.P6 order by which he was transferred from Thiruvananthapuram to Kollam. He further seeks a direction to disburse the arrears of salary, as per Exts.P2 and P3, and also continue to disburse his full salary without any default as long as he is working. Insofar as the challenge against Ext.P6 is concerned, I am of the view that since the transfer has been effected only on administrative exigencies and since there is no contravention of any statutory rules, it may not be open to the petitioner to challenge the same. Nevertheless if the petitioner makes a representation before the respondent for a posting back to Thiruvananthapuram within one month from today, the same shall be considered and suitable decision shall be taken without further delay. 2. Insofar as the arrears of salary under Exts.P2 and P3 are concerned, learned counsel for the respondent submits, and it is also evident from the affidavit and additional affidavit filed by the W.P.(C)31151/2007 2 respondents that the amounts covered therein are payable to the petitioner. Counsel undertakes that the said amount shall be paid, as early as possible, but he pleads that the financial stringency faced by the respondent is the factor for the delay in the payments. The respondent should take note of the fact that the petitioner is an employee who falls under the category, that would be seriously affected, if the monthly emoluments due to them are withheld or reduced. 2. Learned counsel for the respondent submits that the current salary is being disbursed without any deduction and he will continue with that. He further submits that the efforts will be taken to disburse the arrears as per Exts.P2 and P3, at the earliest. In the result, the writ petition is disposed of directing the respondent to pay the arrears, as per Exts.P2 and P3, to the petitioner, at the earliest, at any rate, within six months from the date of receipt of a copy of this judgment. V.GIRI, JUDGE css/ W.P.(C)31151/2007 3