IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 5530 of 2010(M) ------------------------- PETITIONER(S): --------------- 1. SUNIL KUMAR.P.R,PUTHENPURAYIL HOUSE, VENGALLOOR.P.O,THODUPUZHA,IDUKKI DISTRICT. 2. NISHANTH.C.H,S/O.HARIDAS,CHANDRALAYAM, CHERUVAYOOR.P.O,MALAPPURAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. THE DIRECTOR,CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION,CO-OPERATIVE BANK TOWERS, VIKAS BHAVAN.P.O,THIRUVANANTHAPURAM-33. 2. THE PRINCIPAL,CO-OPERATIVE INSTITUTE OF TECHNOLOGY,MANGARATHOOR.P.O,VADAKARA, KOZHIKODE DISTRICT. ADV. SRI.THOMAS ABRAHAM,SC,CO.OP ACADEMY-PRO FOR R1& 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J ........................................... WP(C).NO.5530 OF 2010 ............................................ DATED THIS THE 5TH DAY OF APRIL, 2010 JUDGMENT The petitioners are Lecturers appointed to different Colleges. In Ext.P3 G.O, it was ordered that the new recruits be given only basic pay for the first two years. Therefore, the above condition was stipulated in Ext.P4 appointment order also. Thereafter, by Ext.P5 G.O, it was ordered that employees, who joined service between 16.1.2002 and 31.5.2003 and were given only basic pay, shall be given arrears of D.A and other allowances for the period from the date of their joining service to 31.5.2003. As per the said G.O, 50% of the arrears were to be released in cash along with the salary of February, 2006 and balance was to be paid with the salary for April, 2006. 2. According to the petitioners, since they have joined duty before 13.8.2002, they are entitled to the arrears of D.A from 13.8.2002 to 31.5.2003. However, they have not been paid such arrears till date. In the above circumstances, another Lecturer had filed a writ petition before this court challenging the action of the respondents. As Wpc 5530/2010 2 per Ext.P9 judgment, this court has directed the first respondent therein to release the amounts due within a period of eight weeks of production of such judgment. The petitioners claim the benefit of the said judgment and seek appropriate directions for the release of the arrears of D.A due to them. The counsel for the respondents, Sri Thomas Abraham submits that arrears of D.A payable to the petitioners would be paid within a period of three months. He points out that though the first petitioner had submitted Ext.P10 representation before the first respondent, a similar representation has not been submitted by the second petitioner. Therefore, it is submitted that on the second petitioner also submitting a similar representation as Ext.P10, appropriate orders would be passed thereon and the arrears of D.A would be disbursed to the petitioners within a period of three months. 3. In the above circumstances, this writ petition is disposed of directing the second petitioner also to submit a representation to the first respondent on the lines of Ext.P10 within a period of two weeks from the date of receipt of a copy of this judgment. On such representation being submitted, the first respondent shall consider and Wpc 5530/2010 3 pass orders thereon directing payment of the arrears of D.A due to the petitioners, within a period of three months therefrom. No costs. K.SURENDRA MOHAN, JUDGE lgk