IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11488 of 2009(E) -------------------------------------- PETITIONER(S): ---------------------- 1. LILLY GEORGE,AGED 53 YEARS,W/O.ABRAHAM MATHEW,LECTURER SELECTION GRADE,DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645 PIN. 2. ROSHNI CHERIAN,AGED 54 YEARS, W/O.DR.EAPEN VARGHESE,LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645 PIN. 3. ELSAMMA THOMAS,AGED 53 YEARS, W/O.K.V.THOMAS,LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645 PIN. 4. REGI VARGHESE,AGED 49 YEARS, S/O.P.VARGHESE,LECTURER SENIOR SCALE,DEPARTMENT OF ENGLISH,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645 PIN. 5. MARY MATHEW,AGED 45 YEARS,W/O.GEORGE ZACHARIAH,LECTURER SELECTION GRADE,DEPARTMENT OF ENGLISH,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645 PIN. 6. LATA MARINA VARGHESE,AGED 45 YEARS, W/O.FR.IDICULLA CHABDY,LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645 PIN. 7. FR.GEORGE MATHEW,AGED 50 YEARS, S/O.V.M.GEORGE,LECTURER SELECTION GRADE, DEPARTMENT OF ENGLISH,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645 PIN. 8. DR.MATHEW P.JOSEPH,AGED 44 YEARS, S/O.P.M.JOSEPH,LECTURER SELECTION GRADE,DEPARTMENT OF ENGLISH,CATHOLICATE COLLEGE,PATHANAMTHITTA- 689 645 PIN. WP(C).No. 11488 of 2009(E) 9. SUSAMMA SAMUEL,AGED 53 YEARS,W/O.PHILIP MATHEW,LECTURER SELECTION GRADE,DEPARTMENT OF MALAYALAM,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645 PIN. 10. DR.B.PRABHULLA CHANDRAN PILLAI,AGED 53 YEARS, S/O.V.N.BALAPPAN PILLAI,LECTURER SELECTION GRADE,DEPARTMENT OF MALAYALAM,CATHOLICATE COLLEGE, PATHANAMTHITTA. 11. SHIRLY THOMAS,AGED 51 YEARS, W/O.A.E.JACOB,LECTURER SELECTION GRADE,DEPARTMENT OF MALAYALAM,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 12. R.BHADRAN PILLAI,AGED 49 YEARS, S/O.S.RAGHAVAN PILLAI,LECTURER SELECTION GRADE, DEPARTMENT OF MALAYALAM,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645 PIN. 13. ANU.P.T,AGED 33 YEARS,W/O.FR.JOHN PHILIPOSE LECTURER,DEPARTMENT OF MALAYALAM,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645 PIN. 14. DR.K.J.MATHEW,AGED 53 YEARS, S/O.T.M.JOHN, LECTURER SELECTION GRADE,DEPARTMENT OF HINDI,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645 PIN. 15. MARIAMMA.V.MATHEW,AGED 50 YEARS, W/O.K.V.PATHROSE,LECTURER SELECTION GRADE, DEPARTMENT OF HINDI, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 16. DR.C.SWAMINATHAN,AGED 54 YEARS, S/O.CHELLAPPAN ACHARI, LECTURER SENIOR SCALE, DEPARTMENT OF HINDI, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 17. DR.JANCY THOMAS,AGED 45 YEARS, W/O.GEORGE.V.MATHEW, LECTURER SELECTION GRADE, DEPARTMENT OF HINDI, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 18. DR.MARY VARGHESE,AGED 47 YEARS, W/O.FR.ABRAHAM GEORGE,LECTURER SELECTION GRADE, DEPARTMENT OF HINDI, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 19. DR.MINI GEORGE, AGED 42 YEARS, W/O.DR.KOSHY.P.GEORGE,LECTURER SELECTION GRADE, DEPARTMENT OF HINDI, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. WP(C).No. 11488 of 2009(E) 20. FR.KURIAN DANIEL,AGED 48 YEARS, D/O.DANIEL,LECTURER SELECTION GRADE,DEPARTMENT OF SYRIAC,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 21. FR.P.T.JOHN, AGED 49 YEARS,S/O.THOMAS SAMUEL, LECTURER,DEPARTMENT OF SYRIAC,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 22. ELIZABETH JOSHUA,54 YEARS,W/O.C.K.JOSEPH, LECTURER SELCTION GRADE,DEPARTMENT OF HISTORY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 23. K.V.THOMAS,AGED 52 YEARS,S/O.THOMAS VARGHESE, LECTURER SENIOR SCALE,DEPARTMENT OF HISTORY,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 24. SMITHA SARA PADIYARA,LECTURER,AGED 32 YEARS, W/O.THOMAS GEORGE,DEPARTMENT OF HISTORY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 25. DAISY MATHEW.AGED 52 YEARS, D/O.V.O.MATHEW,LECTURER SENIOR SCALE,DEPARTMENT OF ECONOMICS,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 26. SHYNI T.ALEXANDER,AGED 32 YEARS, W/O.BINU BABY, LECTURER,DEPARTMENT OF ECONOMICS, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 27. P.VILZON KOSHY,AGED 53 YEARS,S/O.KOSHY THOMAS, LECTURER SELECTION GRADE,DEPARTMENT OF COMMERCE,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 28. A.V.THOMAS,AGED 52 YEARS, S/O.A.T.VARGHESE, LECTURER SELECTION GRADE, DEPARTMENT OF COMMERCE,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 29. T.I.ANDREWS,AGED 51 YEARS,S/O.KURIAN ISSAC, LECTURER SELECTION GRADE,DEPARTMENT OF COMMERCE,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 30. SALI THOMAS,AGED 50 YEARS,W/O.ISAC ABRAHAM, LECTURER SELECTION GRADE,DEPARTMENT OF MATHEMATICS,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 31. ALEXANDER.V.GEORGE,AGED 48 YEARS, S/O.REV.GEORGE ZACHARIAH,LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. WP(C).No. 11488 of 2009(E) 32. RAJU VARGHESE,AGED 50 YEARS, S/O.P.V.VARGHESE,LECTURER SELECTION GRADE, DEPARTMENT OF MATHEMATICS,CATHOLICATE COLLEGE, PATHANAMTHITTA -689 645. 33. K.O.RAJU, AGED 47 YEARS,S/O.OONNOONNY, LECTURER SENIOR SCALE,DEPARTMENT OF MATHEMATICS, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 34. RENNY P.VARGHESE,AGED 36 YEARS, S/O.P.V.BABY,LECTURER SESLECTION GRADE, DEPARTMENT OF MATHEMATICS,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 35. SUSHA.D, AGED 38 YEARS,W/O.P.N.HARIKUMAR LECTURER SELECTION GRADE,DEPARTMENT OF MATHEMATICS CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 36. DAIS GEORGE,AGED 40 YEARS,W/O.SAJIMON ABRAHAM,LECTURER,DEPARTMENT OF MATHEMATICS, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 37. DR.M.J.ELIZABETH,AGED 51 YEARS, W/O.BABU.K.KOSHY,READER,DEPARTMENT OF ZOOLOGY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 38. WILSON VARKEY, AGED 53 YEARS, S/O.P.M.VARKEY,LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 39. DR.P.THOMAS JOHN,AGED 52 YEARS, S/O.P.T.JOSHN,LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 40. DR.MANU OOMMEN,AGED 49 YEARS, S/O.M.K.OOMMEN,READER,DEPARTMENT OF ZOOLOGY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 41. THOMAS JOHN,AGED 53 YEARS,S/O.JOHN, LECTURER SELECTION GRADE,DEPARTMENT OF PHYSICS, CATHOLICATE COLELGE, PATHANAMTHITTA-689 645. 42. VALSAMMA.M.SAMUEL,AGED 52 YEARS, W/O.K.GEORGE VARGHESE,LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 43. M.J.KURIAN,AGED 51 YEARS,S/O.KURIAN JOSEPH, LECTURER SELECTION GRADE,DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE,PATHANAMTHITTA 689 645. WP(C).No. 11488 of 2009(E) 44. DR.GEORGE VARGHESE,AGED 51 YEARS, S/O.OOMMEN GEEVARGHESE,READER, DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE,PATHANAMTHITTA 689 645. 45. ELIZABETH GEORGE,AGED 50 YEARS, W/O.DR.JOSEPH MATHEWS,LECTURER SELECTION GRADE, DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 46. RACHEL THOMAS,AGED 50 YEARS,W/O.GEORGE KOSHY, LECTURER SELECTION GRADE,DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 47. JOHN VARGHESE,AGED 50 YEARS,S/O.IDICULLA VARGHESE, LECTURER SELECTION GRADE,DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE,PATHANAMTHITTA 689 645. 48. KUNJANNAMMA JOHN,AGED 54 YEARS, W/O.JOSEPH ZACHARIAH,LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 49. RACHEL.P.MATHEW,AGED 52 YEARS, W/O.THOMAS VARGHESE,LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 50. MARIAMMA ISSAC,AGED 53 YEARS, W/O.K.C.JACOB,LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 51. BABU.K.KOSHY,AGED 52 YEARS, S/O.K.K.KOSHY,LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 52. G.JOHN,AGED 52 YEARS,S/O.GEORGE, LECTURER SELECTION GRADE,DEPARTMENT OF CHEMISTRY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 53. ELIZABETH GEORGE,AGED 49 YEARS, W/O.VARGHESE,LECTURER SELECTION GRADE,DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 54. MOHANAN VARGHESE,AGED 52 YEARS, S/O.M.VARGHESE,LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. WP(C).No. 11488 of 2009(E) 55. ANITHA KOSHY,AGED 47 YEARS, W/O.T.VARGHESE PANICKER,LECTURER SELECTION GRADE, DEPARTMENT OF CHEMISTRY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 56. SUNIL JACOB,AGED 40 YEARS,S/O.JACOB, LECTURER SELECTION GRADE,DEPARTMENT OF CHEMISTRY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 57. RAJU THOMAS,AGED 52 YEARS,S/O.P.THOMAS, LECTURER SELECTION GRADE,DEPARTMENT OF BOTANY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 58. BAJI VARGHESE,AGED 53 YEARS, S/O.K.C.VARGHESE, LECTURER SENIOR SCALE, DEPARTMENT OF BOTANY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 59. PHILIPOSE OOMMEN,AGED 42 YEARS, S/O.OOMMEN,LECTURER SELECTION GRADE,DEPARTMENT OF BOTANY, CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 60. MARY JOHN,AGED 51 YEARS,W/O THOMAS JACOB, LECTURER SELECTION GRADE, DEPARTMENT OF ZOOLOGY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 61. DR.M.S.SUNIL,AGED 49 YEARS, W/O.P.THOMAS,LECTURER SELECTION GRADE,DEPARTMENT, OF ZOOLOGY,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 62. DR.A.ALICE, AGED 50 YEARS,W/O.AJAYAN, LECTURER SELECTION GRADE,DEPARTMENT OF MALAYALAM, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 63. DR.V.RAJEEV,AGED 47 YEARS, S/O.N.VASUDEVAN NAMBIATHIRI,LECTURER SELECTION GRADE,DEPARTMENT OF MALAYALAM,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. 64. KALPANA,AGED 47 YEARS, W/O.M.U.SOMASUNDARAM,LECTURER SELECTION GRADE,DEPARTMENT OF HINDI, CATHOLICATE COLLEGE,PATHANAMTHITTA- 689 645. 65. ANNIE M.JOHN,AGED 52 YEARS,W/O.SHAJI OOMMEN, LECTURER SELECTION GRADE,DEPARTMENT OF HISTORY,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 66. JOY THOMAS,AGED 37 YEARS,S/O.C.M.THOMAS, LECTURER,DEPARTMENT OF HISTORY,CATHOLICATE COLLEGE, PATHANAMTHITTA-689 645. WP(C).No. 11488 of 2009(E) 67. DR.P.M.THOMAS, 54 YEARS,S/O.P.G.MATHAI, LECTURER SELECTION GRADE,DEPARTMENT OF HISTORY, CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. 68. DR.ACHAMMA KURIAN,AGED 53 YEARS, W/O.DR.MATHEW VARGHESE,READER,DEPARTMENT OF PHYSICS,CATHOLICATE COLLEGE,PATHANAMTHITTA-689 645. BY ADV. MR.K.K.CHANDRAN PILLAI MR.SAJUH PAUL. A.S. RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,FINANCE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,KOTTAYAM. 3. THE TREASURY OFFICER,DISTRICT TREASURY OFFICE,PATHANAMTHITTA. 4. THE PRINCIPAL,CATHOLICATE COLLEGE, PATHANAMTHITTA. R1 TO R3 BY SR.GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11488 of 2009 -------------------------------------- Dated 7th April, 2009 JUDGMENT Heard Sri.K.K.Chandran Pillai, the learned counsel appearing for the petitioners and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In view of the fact that the issue raised in this writ petition is squarely covered in favour of the petitioners by Ext.P6 judgment of this Court in W.P.(C)No.37098 of 2008, I am of the opinion that notice need not be issued to the fourth respondent. 2. The petitioners are teachers working in Catholicate College, Pathanamthitta. They are aggrieved by the directions issued in Exts.P1 to P5 to deposit the entire arrears of Dearness Allowance granted to them in their provident fund accounts. The petitioners submit that at least the amount required to discharge the income tax liability should have been released to them. Ext.P6 judgment discloses that in a series of writ petitions, this Court has taken the view that the amount required for discharging the liability arising out of the Income Tax Act should be released from the arrears of Dearness Allowance. 3. In the light of the decision of this Court in W.P.(C) No.37098 of 2008, I dispose of this writ petition with a direction to the WP(C).No.11488/2009 2 competent authority among the respondents to release to the petitioners the amounts necessary to discharge the income tax liability arising out of payment of DA arrears from the arrears of Dearness Allowance. In order to enable the competent authority to make such payment, the petitioners shall intimate to them the amount required for discharge of the income tax liability. After such payment being made, the balance amount shall be deposited in the respective provident fund accounts. P.N.RAVINDRAN Judge TKS