IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WA.No. 1115 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.8300/2001 Dated 29/06/2006 .................... APPELLANT(S): -------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATIONAL KERALA STATE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT POLY TECHNIC MATTANNUR. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(S): --------------- K.RAVEEDRAN, KAVASSERIKOLUMBU HOUSE P.O. VERKOLY, POLPALLY PALAKKAD, WORKING AS DEMONSTRATOR IN ELECTRONICS, GOVERNMENT POLY TECHNIC, MATTANNUR, KANNUR. SRI.V.G.ARUN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.09.2009, THE COURT ON 24/09/2009 DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WA No.1115 of 2008 ------------------------------------------------------------------ Dated 24th September 2009 Judgment Balakrishnan Nair, J. The Official respondents in the OP are the appellants. The brief facts of the case are the following : 2. The respondent writ petitioner and 139 persons, who were working as Teachers in Polytechnics, were sent for B.Tech. course, having a duration of three years, in the year 1997, pursuant to Exts.P1 and P2 orders. Since certain additional conditions were imposed for undergoing the course, which were not there, when they were sent for the course, they sought permission to discontinue the course. That was allowed by the Director of Technical Education, subject to the condition that they will repay the salary and allowances received by them. Though the respondent and others moved this court by filing OP No.16951/97, challenging the additional conditions imposed for undergoing the course, the said OP was dismissed by Annexure-A judgment dated 05.12.1997. The respondent and others appealed. The appeal was disposed of by Annexure C judgment dated 18.09.2003, directing the Government to examine whether WA No.1115/08 2 permission to discontinue the course to the respondent and others, was granted subject to any conditions, concerning repayment of salary and allowances, after affording an opportunity of being heard to them. Pursuant to the said judgment, the Government passed Annexure D order dated 06.04.2004, finding that the permission to discontinue the course was granted by the Director of Technical Education, subject to the condition of repayment of salary and allowances. So, the Government, by the above said order, directed to take steps to recover the amounts paid to the respondent and others. 3. OP No.8300/01, from which the present appeal arises, was filed, challenging Ext.P6 communication of the Government to recover the salary drawn by the respondent and others and also Ext.P8 communication, of their Principal, directing to recover the salary paid to the respondent when he underwent the B.Tech. course, till the date of discontinuance of the course. There was an interim order of stay against Exts.P6 and P8 orders, during the pendency of the OP. The learned Single Judge made the interim order absolute and disposed of the OP, noticing that the Government failed to advert to Exts.P3 and P4 interim orders, while issuing the impugned proceedings. But, the learned Single Judge failed to WA No.1115/08 3 notice that Exts.P3 and P4 stood vacated with the final disposal of the Writ Appeal as per Annexure C. 4. Further, going by Annexure D order, it is clear that the Director gave permission to the respondent and others to discontinue the course, subject to the condition that they have to repay the salary received by them. So, there is nothing wrong with the recovery made from the respondent. Therefore, the judgment under appeal is not sustainable. Accordingly, we allow the appeal. The judgment of the learned Single Judge is reversed and the OP is dismissed. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WA No.1115/08 4