IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 11440 of 2009(Y) -------------------------- PETITIONER(S): -------------------- G.SURENDRAN, WATCHMAN, SAMRUTHI KENDRAM, INDUSTRIAL TRAINING CENTRE CAMPUS, ATTIPRA, KULATHOOR PO,THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECREARY, SCHEDULED CASTE & SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SAMRUTHI KENDRAM ATTIPRA REPRESENTED BY ITS CHAIRMAN AND DIRECTOR OF SCHEDULED CASTE & SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, NIRMIDHI KENDRAM BUILDING, PTP NAGAR THIRUVANANTHAPURAM. 3. THE PROJECT MANAGER SAMRUTHI KENDRAM, ATTIPRA KULATHOOR PO, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11440/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF VOUCHER DT 1.8.05 SIGNED BY THE PETITIONER. EXT.P2: A TRUE COPY OF REPRESENTATION FURNISHED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 27.12.2008. EXT.P3: A TRUE COPY OF LETTER NO.E8-13828/05 DT 25.3.2009. EXT.P4: A TRUE COPY OF ORDER NO.E8-13828/05 DT 25.3.2009 ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 11440 OF 2009 (Y) ===================== Dated this the 26th day of October, 2009 J U D G M E N T Petitioner submits that he was working as a Watchman under the 2nd respondent on a monthly salary of Rs.750/-. His grievance in this writ petition is against Exts.P3 and P4 orders. The background is that complaining that he was not paid salary from September, 2005, he had filed a writ petition before this Court as WP(C) No.931/09. Pursuant to the order directing the 1st respondent to consider the petitioner's representation, Ext.P3 order was passed. In Ext.P3 order, it has been held that towards salary, for the period September 2005 to January 2009, Rs.30,750/- was due to the petitioner. Proceeding further, it is stated that towards the loans availed of, an amount of Rs.35,000 was due from the petitioner. After adjusting Rs.30,750 towards the liability, by Ext.P3, petitioner was called upon to remit the balance amount of Rs.4,250/-. Ext.P4 is the consequential order. 2. Although the challenge is against these orders, when the matter was taken up for hearing, counsel for the petitioner confined his prayer to direct the respondents to recover the WPC 11440/09 :2 : balance amount mentioned in Ext.P3 from the salary that is due to him for the period from February, 2009 onwards, and to pay him the balance due. It is also prayed that the respondents be directed that in the event any other similarly situated employees is given any reduction in the liability due to the Society, the same benefit may also be given to the petitioner also. 3. I heard the learned Special Government Pleader also in this matter. 4. A perusal of Exts.P3 and P4 show that the salary that is ordered to be released is only upto January 2009. If that be so, salary remains outstanding to the petitioner from February, 2009 onwards. There is no reason why the said amount shall not be paid after recovering the amount that is due to the Society. 5. Therefore, there will be a direction to the respondents to release the amount due to the petitioner from February 2009 onwards, after recovering the balance amount of Rs.4,250/- due from the petitioner. The balance amount should be released to the petitioner as expeditiously as possible, at any rate within one month of production of a copy of this judgment. 6. It is also clarified that it will be open to the petitioner to WPC 11440/09 :3 : claim the benefit of any concession or reduction in the liability that is given to any other similarly situated employee. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp