IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 33503 of 2007(L) --------------------------------------- PETITIONERS: --------------------- 1. T.U.MATHUKUTTY, ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL DISTRICT AND SESSIONS COURT (FAST TRACT COURT II), PATHANAMTHITTA. 2. EMMANUEL P. KOLADY, ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL DISTRICT AND SESSIONS COURT (FAST TRACT COURT III), PATHANAMTHITTA. 3. CHERIAN VARGHESE, SUB JUDGE & ASSISTANT SESSIONS JUDGE, SUB COURT, PATHANAMTHITTA. 4. K.SASIKUMAR, MUNSIFF, PATHANAMTHITTA. 5. V SATHEESH KUMAR, JUDICIAL FIRST CLASS MAGISTRATE II, PATHANAMTHITTA.. BY ADV. SRI.JACOB P.ALEX. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E), M.G.ROAD, PB NO. 5607, THIRUVANANTHAPURAM. W.P.(C). NO.33503/2007-L: 3. DIRECTOR OF TREASURIES, DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM. 4. SUB TREASURY OFFICER, SUB TREASURY, PATHANAMTHITTA. R1, R3 & R4 BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33503/2007-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GO (MS).NO.157/2006/HOME DTD. 30/08/2006. EXT.P.2: COPY OF THE GO (MS) 70/2007/HOME DTD. 03/04/2007. EXT.P.3: COPY OF THE LETTER BEARING NO. E3/5540/06 (1) DTD. 21/04/2007 ISSUED BY THE R.3. TO PETITIONERS 4 AND 5. EXT.P.4: COPY OF THE LETTER COORD II/ 10-95/VOL XIV/287/753 DTD. 22/03/2007 ISSUED BY R.2. TO R.1. EXT.P.5: COPY OF THE LETTER NO. D.NO.765/07 DTD. 14/06/2007 ISSUED BY P.3. TO R.2. EXT.P.6 SERIES: COPY OF THE SALARY BILL AND LAST PAY CERTIFICATE OF P.2. EXT.P.7: COPY OF THE LETTER DTD. 20/07/2007 ISSUED BY P.2. TO R.3. RESPONDENTS' ANNEXURE: ANNEXURE R1.A: COPY OF THE LR.NO.39417/C3/07/HOME DTD. 21/01/2008. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.33503 of 2007 ------------------------------- Dated this the 1st December, 2008. J U D G M E N T Heard Sri.Jacob P.Alex, the learned counsel appearing for the petitioners and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioners are Judicial Officers. Their grievance relates to non-payment of conveyance allowance, which they claim, they are entitled to, as per Exts.P1 and P2 Government Orders. By virtue of the interim orders passed by this Court, the petitioners have been receiving Conveyance Allowance from 1.11.2007, on their submitting bills along with claims for reimbursement of the conveyance allowance. 3. The learned Government Pleader appearing for the respondents submits that in the Official Memorandum dated 29.10.2008 issued by the High Court, it has been clarified as follows:- W.P.(C) No.33503 of 2007 2 “Inviting attention to the references cited, all Judicial Officers in the State are informed that reimbursement of Petrol/Diesel charges as conveyance allowance can be claimed by the Officers, who are eligible for conveyance allowance, on the basis of a certificate/declaration made by them, with the rate paid for the period from 01.11.1999 to 25.8.2008 and necessary bills have to be produced for the period from 26.8.2008 onwards.” The learned Government Pleader further submits that in view of the Office Memorandum dated 29.10.2008 which is in tune with the stipulations in Exts.P1 and P2 Government orders, the petitioners cannot have any subsisting grievance. 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 to W.P.(C) No.33503 of 2007 3 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. P.N.RAVINDRAN, JUDGE nj.