IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 31621 of 2008(M) ----------------------------------- PETITIONER : --------------- ANANDAVALLY K.U. PART TIME SWEEPER, WILDLIFE DORMITORY VELLAPPARA, PAINAVU P.O.,PAINAVU, IDUKKI DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS : ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOREST, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (ADMN) THIRUVANANTHAPURAM. 3. THE DISTRICT FOREST OFFICER IDUKKI. 4. THE WILDLIFE DORMITORY OFFICER VELLAPPARA, PAINAVU,IDUKKI DIST. 5. THE FOREST RANGE OFFICER WILD LIFE DORMITORY OFFICE, VELLAPPARA, PAINAVU, IDUKKI DIST. 6. ASSISTANT WILDLIFE WARDEN IDUKKI WILDLIFE SANCTUARY PAINAVU.P.O.,VELLAPPARA, IDUKKI DIST. 7. WILDLIFE WARDEN IDUKKI WILDLIFE DIVISION OFFICE, VELLAPPARA, IDUKKI. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 31621 of 2008 ----------------------------- Dated this 18th day of November, 2008 J U D G M E N T The petitioner, a Part time Sweeper in the Wildlife Dormitory at Vellappara in Idukki district, whose service was regularised by Ext.P4 Government Order dated 21-4-2007 with effect from 18-6-2001, has filed this writ petition aggrieved by the non payment of salary and allowances. Ext.P4 discloses that the service of the petitioner was regularised as Part time Sweeper with effect from 18-6-2001 in terms of Ext.P5 Government Order dated 25-11-2005. Ext.P4 also states that she will be paid salary at the rate of Rs.1250 plus D.A. in terms of Ext.P5 Government order. The petitioner’s grievance is that though more than one year and six months have passed after Ext.P4 order was issued, she has not been paid the salary at the rates stipulated in Ext.P5. 2. The learned Government pleader appearing for the respondents submits on instructions that salary was not disbursed to the petitioner as ordered in Ext.P4 for want of allocation of funds and that the Head of office where she is working has addressed the superior authorities to allocate the WPC:31621/2008 2 requisite funds. 3. Since the petitioner’s service stands regularised by Ext.P4 Government order, she is entitled to salary at the rate stipulated in Ext.P5 Government order as amended from time to time. Ext.P4 discloses that the petitioner’s service was regularised with effect from 18-6-2001. The petitioner is also discharging her duties. Payment of salary at the rates sanctioned in Ext.P5, as revised from time to time cannot therefore be withheld. Such being the situation I dispose of the writ petition with a direction to the respondents to allocate the requisite funds for payment of arrears of salary to the petitioner from 18-6-2001 onwards at the rates stipulated in Ext.P5 Government order, as amended from time to time. Needful in the matter shall be done within six weeks from the date of receipt of a certified copy of the judgment. The periodical pay revisions, if any, shall also be taken note of while disbursing the arrears of salary/salary to the petitioner. P.N.RAVINDRAN, JUDGE bps