IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 27695 of 2008(V) ------------------------------------- PETITIONER: ------------------ M.C. SIBI, MANICKAMCHALIL HOUSE, IYYAD.P.O, KOZHIKODE DISTRICT. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL SECRETARY (FINANCE) SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, QUALITY CONTROL DIVISION, KERALA WATER AUTHORITY, KOZHIKODE. GOVERNMENT PLEADER SRI.MOHAMMED FAZIL M.P. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ====================================== W.P.(C)No.27695 of 2008 ====================================== Dated this the 6th day of October 2008 JUDGMENT The petitioner had worked as Bacteriologist in the Kerala Water Authority on a provisional basis during the period from 5.11.2002 to 2.4.2003. While in service, the petitioner was paid salary in the scale of 4610-7110. On the terms of the government order, the petitioner was entitled only to basic salary in the said pay scale. Later, after the petitioner ceased to be in service, the State Government issued Ext.P1 government order dated 23.10.2007 sanctioning dearness allowance and other allowances to provisional employees appointed through employment exchanges during the period from 16.1.2002 to 31.5.2003. The grievance voiced by the petitioner is that though he is entitled to the benefit of the said government order, the Kerala Water Authority has not sanctioned and disbursed arrears of dearness allowance and other allowances to him for the period during which he was in service. The petitioner, relying on Ext.P3, contends that he is entitled to the benefit of Ext.P1 government order and that the respondents may be directed to disburse to him the benefits flowing from Ext.P1. W.P.(C)27695/2008 2 2. When the writ petition came up for admission today, Sri.J.Krishnakumar, the learned standing counsel appearing for the Kerala Water Authority submitted that the request made by the petitioner for the benefits flowing from Ext.P1 government order is being considered by the Kerala Water Authority and that a decision will be taken in the matter in consultation with the State Government at the earliest and in any case within three months from today. In the light of the said submission, I dispose of the writ petition with a direction to the Kerala Water Authority to take a decision on the entitlement of the petitioner for the benefits flowing from Ext.P1, in consultation with the State Government and take a decision thereon within three months from today. In the event of the petitioner being found eligible for the allowances sanctioned as per Ext.P1, the same shall be disbursed to him within one month after a decision in that regard is taken by the Kerala Water Authority. P.N.RAVINDRAN, JUDGE css/