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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
Sreekumar. V S/o Vidyadharan. K – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
The petitioner has filed this writ petition aggrieved by the omission of respondents 1 to 5 in disbursing arrears of salary for the work done by him during 2000-2001.
2. The petitioner states that he had worked as HSST Computer Science from 18.09.2000 to 31.03.2001 at the 6th respondent institution. He was relieved on 31.03.2001 for joining as Programmer in the Institute of Management in Government (IMG), Thiruvananthapuram. The petitioner states that the appointment and service of the petitioner as HSST Computer Science from 18.09.2000 to 31.03.2001, was approved by the 3rd respondent on 16.05.2007.
3. Thereupon, the 6th respondent submitted arrear bill before the 4th respondent-Regional Deputy Director for a gross amount of Rs. 61,593/-. The 4th respondent thereupon submitted a letter dated 16.10.2007 to the 3rd respondent seeking specific orders since the petitioner has claimed full amount of arrears as he is a member of the EPF Scheme. The 3rd respondent did not act on the request of the 4th respondent.
4. The petitioner therefore submitted Ext.P3 representation dated 15.02.2014 to the 3rd respondent. Thereupon, the 3rd respondent issued letter dated 12.03
The court declined to award interest on salary arrears already credited to the petitioner's account, emphasizing the lack of evidence for deliberate omission by respondents.
Claims for salary arrears must be timely; however, recurring claims may be exempt from strict limitation rules.
Approval of appointment and timely payment of salary are essential rights of approved teachers under education statutes.
The court emphasized the importance of honoring approved salary arrears and directed the State and University to take necessary actions for the release of funds and payment of arrears within specifie....
The main legal point established in the judgment is that if there is delay on the part of the authority and for no fault of the petitioner, the opposite parties are liable to pay interest for delayed....
Writ jurisdiction can compel payment of salary arrears when prior judicial orders affirm recognition of service and entitlement.
Employees are entitled to interest on delayed payment of salaries and pensions, as it is their rightful entitlement and a matter of right recognized by the Constitution and applicable rules and regul....
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