IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24191 of 2011(Y) ------------------------------------- PETITIONER(S): ------------------------- K.M.HYDROSE, S/O. MEERAN, AGED 57 YEARS, KOTTEPARAMBIL HOUSE, THRIKKALATHOOR.P.O., PALLICHIRANGARA, MUVATTUPUZHA BY ADV. SRI.SREELAL N.WARRIER SRI.C.DILIP SRI.P.N.VIJAYAN NAIR RESPONDENT(S): --------------------------- 1. DISTRICT MEDICAL OFFICER(HELATH), ERNAKULAM- 682 011. 2. FOOD INSPECTOR, OFFICE OF THE FOOD INSPECTOR, MUVATTUPUZHA CIRCLE, MUVATTUPUZHA-686 661. R1 & R2 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24191/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 30/11/2010 ISSUED BY THE FIRST RESPONDENT ALONG WITH THE LIST ATTACHED THERETO. P2 COPY OF THE APPLICATION DATED 17/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. P3 COPY OF THE LETTER DATED 24/06/2011, ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT. P4 COPY OF THE LETTERS DATED 06/07/2011 ISSUED BY THE SECOND RESPONDENT. P5 COPY OF THE LETTERS DATED 12/07/2011 ISSUED BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.24191 of 2011 ---------------------------------------- Dated 6th September, 2011 JUDGMENT The petitioner was working as Peon in the Health and Family Welfare Department. As per Ext.P1, Government decided to revise the ratio between Peon and Grade I Peon as 1: 2 with effect from 1.3.1992. In Ext.P1 it is further stated as hereunder:- “Since the ratio promotion does not make any change in the duties and responsibilities in the post of Peon, the promotees are eligible for back arrears with effect from this date of effect of promotion in terms of Finance Circular No.5/10/Fin. dt. 14.1.10.” In terms of Ext.P1 the petitioner was promoted with effect from 1.3.1992. The petitioner is aggrieved by the non-disbursement of the arrears of pay in terms of Ext.P1 order. Exts.P3 and P4 would reveal that steps have already been taken for disbursing the arrears of pay in terms of Ext.P1. However, so far it was not disbursed to the petitioner . It is in the said circumstances that this writ petition has been filed with a prayer to issue a writ of mandamus commanding the respondents to take effective steps for the disbursement of salary arrears to the petitioner based on Ext.P1. In terms of Ext.P1 order, there is no reason for the respondents to deny the benefit of arrears of salary to the petitioner. Exts.P3 and P4 would reveal that in fact, such WP(C).No.24191/2011 2 steps have already been initiated by the respondents. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to take appropriate steps for an early disbursement of the arrears of salary to which the petitioner is entitled in view of Ext.P1. This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS