IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 13162 of 2007(P) --------------------------------------- PETITIONER(S): ------------------------ K.N.BHUVANESWARI, MANNUSSERIYIL HOUSE, AMALAGIRI P.O., KOTTAYAM-686 036. BY ADVS. SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA SMT.PUSHPY B.MURICKEN RESPONDENT(S): --------------------------- 1. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., KOTTAYAM. 2. SCHOOL OF MEDICAL EDUCATION, REP. BY ITS DIRECTOR, GANDHI NAGAR P.O., KOTTAYAM. 3. THE ASSISTANT REGISTRAR, SCHOOL OF MEDICAL EDUCATION, GANDHI NAGAR P.O., KOTTAYAM. R1 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R2 & R3 BY GOVERNMENT PLEADER SRI.VTK.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.13162/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.SME/GNR/11049/97-98 DATED 6/10/1997 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE PROCEEDING NO SME/GNR/E3/DA/2002 DATED 3/3/2003 ISSUED BY THE 2ND RESPONDENT. P3 COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER. P3(A) COPY OF THE POSTAL ACKNOWLEDGEMENT DATED 2/9/2006. P4 COPY OF THE REPRESENTATION DATED 16/2/2007 SUBMITTED BY THE PETITIONER. P5 COPY OF THE REPRESENTATION DATED 15/3/2007 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE ORDER NO.SME/GNR/2625/2005 DATED 21/7/2007 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.13162 OF 2007 ---------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT The petitioner was originally engaged as a Part Time Animal House Attender in the School of Medical Education run by the Mahatma Gandhi University. Later on, the petitioner was appointed as a full time contingent employee with effect from 29.1.2003. The petitioner has filed this writ petition with the complaint that from 21.7.2006 onwards the wages of the petitioner has been withheld. Although the petitioner filed Exts.P3 to P5 representations, there was no response. That is why the petitioner has filed this writ petition seeking the following reliefs: “ I) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to disburse the arrears of wages to the petitioner from 21.7.2006. II) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to pay the monthly wages of the petitioner at the end of every month”. 2. This Court had passed interim orders on 13.7.2007, W.P.(C)No.13162/07 2 which reads as follows: “ Heard learned counsel for the petitioner and the learned standing counsel. It is submitted by the learned standing counsel that the petitioner will be paid her daily wages for all the days she had been engaged, if the same has not already been paid. The above submission is recorded. The respondents shall effect payment in the above terms within 10 days from today. Call on 30.7.07. Counter affidavit, if any, shall be filed in the meanwhile.” and on 30.7.2007, which reads as follows: “Learned counsel submits that wages for 165 days have been paid. But wages for 44 more days still remain to be paid. Learned standing counsel prays for a short adjournment to get further instruction and to file a counter affidavit.” 2. A counter affidavit has been filed by the Registrar of the Mahatma Gandhi University taking the contention that the petitioner's engagement was stopped with effect from 21.7.2006 and therefore, the payment of wages was also stopped with effect from that date. It is submitted that the petitioner was re-engaged with effect from 1.8.2006. It is further submitted that the Registrar has already directed the Director of School of Medical Education to pay wages due to the petitioner and Ext.R1(a) order has been passed by the W.P.(C)No.13162/07 3 Director in that regard. After considering the pleadings in this case, since the learned counsel on both sides are absent, I dispose of this writ petition with a direction to see that the petitioner is paid her wages as long as she is engaged, promptly. S. SIRI JAGAN, JUDGE acd W.P.(C)No.13162/07 4