A.V.SALILA v. THE GOVERNMENT SERVANTS

J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - -W.P.(C) No. 3939 of 2007 (R) - - - - - - - - - - - - - - - - - - - -Dated this the 12th day of April, 2007J U D G M E N TThe writ petitioner is a defaulter to the firstrespondent. Through Exhibit P3 order dated 21/12/2006, thefirst respondent directed the writ petitioner to remit the entireamount of Rs.2,00,465/-. The prayer in the writ petition is toquash Exhibit P3, to direct the first respondent to calculate theamount after considering the amount so far paid back by the writpetitioner, and to allow the petitioner to avail the one timesettlement facilities. It is also prayed that the salary which isbeing withheld, may be allowed to be drawn by the writpetitioner.2.After hearing both sides, I have passed aninterim order, dated 09/02/2007, considering the fact that thewrit petitioner did not draw any salary from the month of May2005 and the entire amount is lying with the Treasury. I havedirected the second respondent, the Sub Treasury Officer, Ernakulam, to deduct an amount of Rs.5,000/- each per month, from the salary of the writ petitioner, with effect from the monthof May, 2005 till January, 2007, and remit the said amount to the W.P.(C).No.3939/2007-: 2 :-account of the first respondent. I have also directed the secondrespondent that after the above deductions of Rs.5,000/- each, the balance salary amount be released to the writ petitioner. The writ petition having been posted today, I have further heardboth sides.3.The counsel for the writ petitioner submits thatthough the writ petitioner is a Sales Tax Officer, she is having anet salary of Rs.10,210/- only, because of various reasons, andshe is not able to pay the amount that is being demanded by thefirst respondent. The counsel, therefore, prayed that theinstalment may be allowed at the rate of Rs.3,000/- per month.4.The counsel for the first respondent submittedthat out of the total Rs.2,33,340/-, an amount of Rs.1,05,000/-had already been received towards the dues from the writpetitioner and the balance amount may be directed to beremitted at the rate of atleast Rs.6,000/- per month. I am unableto resist the arguments of Mr.T.A.Unnikrishnan, on behalf of thewrit petitioner and the description of the state of health of thewrit petitioner, including that she is a deserted woman. Withleniency I am inclined to allow the prayer of instalment. W.P.(C).No.3939/2007-: 3 :-Considering the other circumstances elaborately submitted bythe counsel, I fix the instalment amount as rupees five thousandper month.5.In view of the above facts situation, I dispose ofthe writ petition, directing the second respondent to deduct anamount of rupees five thousand per month from the salary of thewrit petitioner and remit the same to the account of the firstrespondent. This shall be done till the entire amount due to thefirst respondent is wiped off. If the writ petitioner is transferredto any other office of the commercial tax department, the secondrespondent shall endorse the salary deduction arrangement, asabove, in the last payment certificate that would be issued to thewrit petitioner. Needless to say that on completion of the payment ofthe dues to the first respondent, the entire salary shall be paid tothe writ petitioner, as per her entitlement.(J.M.JAMES)Judgems