IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 4157 of 2008(T) -------------------------------- PETITIONER(S): -------------------- 1. ANITHA P., ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRICAL ENGINEERING, NSS COLLEGE OF ENGINEERING, PALAKKAD. 2. SINDU R., ASSISTANT PROFESSOR, DEPARTMENT OF ELECTRONICS AND COMMUNICATIONS, NSS COLLEGE OF ENGINEERING, PALAKKAD. 3. DEVI V., SELECTION GRADE LECTURER, DEPARTMENT OF ELECTRICAL ENGINEERING, NSS COLLEGE OF ENGINEERING, PALAKKAD. 4. V.GIRIJA DEVI, PROFESSOR, DEPARTMENT OF ELECTRICAL ENGINEERING, NSS COLLEGE OF ENGINEERING, PALAKKAD. 5. DR. K.G.VISWANATHAN, LECTURER (SG), DEPARTMENT OF MECHANICAL ENGINEERING, NSS COLLEGE OF ENGINEERING, PALAKKAD. 6. C.K.ANIL KUMAR, ASSISTANT PROFESSOR, DEPARTMENT OF MECHANICAL ENGINEERING, NSS COLLEGE OF ENGINEERING, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): --------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT. (FINANCE), THIRUVANANTHAPURAM. 2. HIGHER EDUCATION SECRETARY, THIRUVANANTHAPURAM. Svs ...........2/-.... ...2... WPC. NO.4157/2008 3. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 5. THE JOINT DIRECTOR, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOZHIKODE. 6. THE DISTRICT TREASURY OFFICER, PALAKKAD. 7. THE PRINCIPAL, NSS COLLEGE OF ENGINEERING, PALAKKAD. BY GOVT. PLEADER SMT. M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 4157/2008 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WPC. NO.4975/2005 DATED 23/02/2005 P2: COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 15/06/2007. P3: COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 14/11/2007. P4: COPY OF THE JUDGMENT IN WPC.NO.388/2008 JUDGMENT DATED 16/01/2008 OF THIS HON COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4157 of 2008-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2011. JUDGMENT The petitioners herein are working in the N.S.S. College of Engineering, Palakkad as Assistant Professor, Selection Grade Lecturer, etc. The writ petition is filed by the petitioners challenging Exts.P2and P3 orders. The various conditions fixed therein are under challenge. 2. This Court passed an interim order on 5.2.2008 as follows: “Admit. Learned Government Pleader takes notice for respondents 1 to 6. Issue notice to the 7th respondent. Admittedly, the entire DA arrears are being credited to the provident fund. It cannot be disputed that the petitioners would have to pay income tax on those amounts since those amounts have already accrued to them and therefore, it is only just and proper that the petitioners be given sufficient amounts from those amounts for paying off the income tax. Accordingly, there would be an interim order directing the respondents to see that out of the amounts due as DA arrears, sufficient amounts are made available to the petitioners for payment of income tax and only the balance shall be credited to the provident fund. This order shall be provisional and subject to the result of the writ petition and the petitioners would be liable to pay equivalent amount into the provident fund, if ultimately the writ wpc 4157/2008 2 petition is dismissed.” Evidently, this Court directed the respondents to see that out of the amounts due as DA arrears, sufficient amounts are made available to the petitioners and the balance amount was directed to be credited to the provident fund. Since the said interim order has worked itself out, and as the petitioners have already obtained relief, the writ petition is disposed of maintaining the interim order. No costs. (T.R. Ramachandran Nair, Judge.) kav/