The petitioner was the Managing Director of the second respondent, the Kerala State Warehousing Corporation, hereinafter referred to as “the Corporation” for short. This writ petition is filed seeking, among others, directions to the respondents to approve the salary and allowances payable to him while he was working as the Managing Director of the Corporation and disburse the same with interest.
2. The petitioner was the Managing Director of the Corporation from 24.09.2001 to 14.08.2006. Under Section 20 (3) (b) of the Warehousing Corporations Act, 1962, the salary and allowances of the Managing Director of the Corporation can be fixed only with the previous approval of the State Government. The case of the petitioner in the writ petition is that his salary and allowances were though fixed by the Corporation as early as on 12.04.2006, the same was not approved by the Government in accordance with the provisions of the said Act. It is stated in the writ petition that on account of the delay in approving the salary and
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allowances, the petitioner was being disbursed only the pay and allowances of the General Manager of the Corporation.
3. After the institution of the writ petition, as per Ext.P19 order produced along with I.A No. 13392/14, the Government approved the salary and allowances of the petitioner. The learned counsel for the petitioner pointed out that even the salary and allowances approved by the Government as per Ext.P19 have not been disbursed to him. The learned counsel also contended that the petitioner is entitled to interest also for delayed payment of the salary and allowances.
4. As pointed out earlier, the petitioner was working as the Managing Director of the Corporation from 24.9.2001 to 14.08.2006. It is beyond dispute that in view of the provision contained in Section 20(3)(b) of the Ware Housing Corporations Act, the salary and allowances payable to the petitioner should have been approved by the Government. In the counter affidavit filed by the Corporation, the Corporation has no case that the delay in fixing the salary and allowances of the petitioner and the delay in obtaining its approval from the Government was attributable to the petitioner. Ext.P19 decision of the Government also does not indicate that the
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delay in approving the salary and allowances of the petitioner was attributable to him. In the said circumstances, I am of the view that the petitioner is entitled to interest for the arrears of salary and allowances payable to him in accordance with Ext.P19 decision of the Government.
In the result, the writ petition is disposed of directing the second respondent to disburse the salary and allowances of the petitioner as approved by the Government as per Ext.P19 order, less the salary and allowances already disbursed, with interest @ 7.5% per annum from 14.08.2006, within six weeks from today.
lsn P.B.SURESH KUMAR, Judge