IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 13574 of 2008(N) -------------------------- PETITIONER: ------------ BINU KUMAR M.K., S/O.R.MADHAVAN KOMBBENSSERIL, ERUVA P.O., KAYAMKULAM S.I. - VIGILANCE AND SECURITY WING, TDB. BY ADV. SRI.VINCENT JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE JOINT SECRETARY, REVENUE (DEVASWOMS)DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM 3. SECRETARY, KERALA STATE HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM. 4. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE VIGILANCE AND SECURITY WING TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.D.SREEKUMAR, SC, TDB FOR R.2 GOVERNMENT PLEADER FOR R1 & 3 TO 5 SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13574 of 2008 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE G.O.(Rt) nO.234/2008/RD DATED 18.1.2008 ISSUED BY THE REVENUE (DEVASWOMS) DEPARTMENT EXT.P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PEITIONER BEFORE THE SUPERINTENDENT OF POLICE, VIGILANCE AND SECURITY WING, TRAVANCORE DEVASWOM BOARD. (TRUE COPY) P.A TO JUDGE P.N.RAVINDRAN, J ------------------- W.P.(C).13574/2008 -------------------- Dated this the 5th day of August, 2008 JUDGMENT The petitioner, who is a Sub Inspector of Police was deputed to the Travancore Devaswom Board. Ext.P1 dated 18.1.2008 is the order issued by the State Government in that regard. This writ petition was filed aggrieved by the non payment of salary and the allowances to the petitioner since 15.1.2008, the date on which he joined the Travancore Devaswom Board on deputation. A statement has been filed on behalf of the first respondent wherein it is contended inter alia that the deputation of the petitioner has been cancelled by G.O. (Rt) No.2334/2008/RD dated 15.7.2008 and he has been repatriated to the parent department. It is also brought to my notice that as directed in the aforesaid Government Order, petitioner has re-joined duty in the parent department. The only question that arises for consideration is as regards payment of salary and allowances to the petitioner for the period from 15.1.2008 to 15.7.2008. W.P.(C).13574/2008 2 2. Having regard to the admitted fact that the petitioner has not been paid salary and allowances during the said period, the first respondent is directed to issue orders regarding payment of salary and allowances to the petitioner during the said period. Whether the salary should be paid by the Travancore Devaswom Board or by the Department of Home Affairs will be a matter for the Government to decide. The State Government shall take a decision in the matter and issue orders directing the concerned department to disburse salary and allowances to the petitioner for the said period. Orders in that regard shall be passed within a period of one month from the date of receipt of a copy of this judgment and disbursement of the salary and allowances shall be made within one week thereafter. The writ petition is disposed of as above. No costs. P.N.RAVINDRAN Judge mrcs