IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 28771 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. P.MADHAVAN, S/O.LATE M.BALAKRISHNAN PILLAI, AGED 52 YEARS, ADDISIONAL DISTRICT & SESSIONS JUDGE (FAST TRACK - I) KOTTAYAM. 2. G.MAHESH, S/O. GOPALA HEGDE, AGED 40 YEARS, JUDICIAL FIRST CLASS MAGISTRATE - IV,KOZHIKODE. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E) M.G.ROAD, THIRUVANANTHAPRUAM. 3. THE DIRECTOR OF TREASURIES, DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM. 4. THE DISTRICT TREASURY OFFICER, OFFICE OF THE DISTRICT TREASURY OFFICE, KOTTAYAM. 5. THE SUB TREASURY OFFICER, OFFICE OF THE SUB TREASURY OFFICER, VAIKOM, KOTTAYAM DISTRICT GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28771 of 2009 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE G.O.(MS).157/2006/HOME, DATED 30.8.06 EXT.P2- A TRUE COPY OF THE G.O.(MS).136/2008/HOME DATED 26.8.08 EXT.P3- A TRUE COPY OF THE JUDGMENT DATED 1.12.08 IN W.P.(C).33503/07 OF THIS HONOURABLE COURT EXT.P4- A TRUE COPY OF THE ORDER NO.D4B-5198/2008 OF THE HONOURABLE HIGH COURT DATED 20.1.09 EXT.P5- A TRUE COPY OF THE ORDER NO.D4(B)-3642/2009 DATED 6.3.09 OF THE HONOURABLE HIGH COURT (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).28771/2009 -------------------- Dated this the 2nd day of June, 2010 JUDGMENT Petitioners are the Additional District & Sessions Judge (Fast Track-1), Kottayam and Judicial First Class Magistrate-IV, Kozhikode, respectively. The prayer sought in the writ petition is to direct the 4th respondent to disburse the amounts covered by Ext.P4 to the 1st petitioner and Ext.P5 to the 2nd petitioner. 2. Ext.P1 is the copy of G.O.(M.S.) No.157/2006 dated 30.8.2006 issued by the 1st respondent in compliance with the judgment of the Apex Court in W.P.(C).1022/1989 and based on the recommendations of the Shetty Commission providing for payment of benefits including conveyance allowance to the Judicial Officers in District Centres. Subsequently Ext.P2 G.O. (M.S.)136/2008 dated 26.8.2008 was issued, ordering that the conveyance allowance sanctioned to the Judicial Officers in District Centres as per Ext.P1 will be applicable to the Judicial Officers working in other places also. W.P.(C).28771/09 2 3. Although many of the Judicial Officers claimed benefit of Exts.P1 and P2, payment was not made. Some of the Judicial Officers affected by such non payment, approached this Court by filing W.P.(C).33503/2007. Referring to Office memorandum dated 29.10.2008 issued by the High Court, the writ petition was disposed of by Ext.P3 judgment directing the respondents to reimburse the cost of petrol/diesel used by the petitioners as conveyance allowance on their compliance with the stipulations of the Office Memorandum dated 29.10.08 issued by the High Court. The operative portion of the judgment reads as under:- “In the result, I dispose of the writ petition with a direction to the respondents to reimburse the cost of Petrol/Diesel used by the petitioners as conveyance allowance, on the petitioners complying with the stipulations in Office Memorandum dated 29.10.2008 issued by this Court. Payment of arrears which the petitioners are entitled to, shall be made within three months from the date on which the petitioners submit their declarations/certificates. It is further brought W.P.(C).28771/09 3 to my notice that the first petitioner has since been transferred from Pathanamthitta to Ernakulam and fifth petitioner has been transferred from Pathanamthitta to Trivandrum. The Director of Treasuries shall issue necessary instructions to the Sub Treasury Officers concerned to honour the claims of first and fifth petitioners for reimbursement.” 4. Though a Review petition was filed by the respondents in the aforesaid writ petition that was also dismissed. After the judgment was delivered, petitioners submitted their claims and by Ext.P4 proceedings of this Court, an amount of Rs.95,952/- was sanctioned to the 1st petitioner. Insofar as the 2nd petitioner is concerned, vide Ext.P5, he was sanctioned an amount of Rs.64,603/-. Even thereafter, payment was not disbursed and therefore, the writ petition is filed. 5. Evidently the claim made by the petitioners is justified in view of Exts.P1 to P3 and the claims have been sanctioned as per Exts.P4 and P5 proceedings of this Court. In such circumstances, W.P.(C).28771/09 4 the respondents ought to have honoured the claims and disbursed the amounts that are due to the petitioners. In the circumstances, I see no reason to decline the relief sought for in this writ petition. 6. Therefore, respondents 4 and 5 are directed to disburse the amounts covered by Ext.P4 to the 1st petitioner and Ext.P5 to the 2nd petitioner, on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs