IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 4491 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------- ABRAHAM A.J., (RETIRED HEADMASTER, KERALA AGRL. UNIVERSITY HIGH SCHOOL, VELLANIKKARA), C/O.SUNNY NIRAVATH, NIRAVATH HOUSE, KURUPPANTHARA, MANJOOR P.O., KOTTAYAM DISTRICT, PIN-686 603. BY ADVS.MR.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA MR.K.A.BALAN MR.PAULCY KURIAN MR.S.A.ANAND RESPONDENT(S): -------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, REP. BY ITS REGISTRAR, MAIN CAMPUS, VELLANIKKARA, K.A.U. P.O., THRISSUR, PIN-680 656. 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, K.A.U. P.O., THRISSUR, PIN-680 656. 3. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, K.A.U. P.O., THRISSUR, PIN-680 656. ADV. MR.RENJITH THAMPAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON 12/06/2009 DELIVERED THE FOLLOWING: W.P.(C) NO.4491/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.GA(B1)10360/87 DT. 11.3.87 OF THE REGISTRAR OF THE UNIVERSITY. P2:- COPY OF THE ORDER NO.GA(B1) 10360/87(II) /D.DIS DT. 5.11.88 OF THE REGISTRAR. P3:- COPY OF THE ORDER NO.PEN.B1/27623/03 DT. 26.7.04 OF THE DEPUTY COMPTROLLER OF THE UNIVERSITY. P4:- COPY OF THE LETTER NO.LF(KAU)P P1-1319/2003 DT. 3.4.04 ADDRESSED TO THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY. P5:- COPY OF THE NOTIFICATION IN G.O(MS) NO.61/86/AD DT. 19.4.86. P6:- COPY OF THE REPRESENTATION DT. 4.12.04 SUBMITTED BY THE PETITIONER TO THE REGISTRAR OF THE UNIVERSITY. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.4491 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2009. JUDGMENT The petitioner herein retired from service as Headmaster of the Kerala Agricultural University Creche and School, Vellanikkara. He is aggrieved by the objection raised by the audit regarding the pay fixation and the consequent proceedings, Ext.P4. 2. He was originally working as H.S.A. in Government Model High School, Muvattupuzha. He was selected by the Selection Committee for appointment to the post of Headmaster in the Kerala Agricultural University Creche and School and was appointed on the scale of pay of Rs.1050 – 2000 as per Ext.P1 order. After getting sanction from the Deputy Director of Education, he joined the post. He reported for duty on 24.4.1987. The service of the petitioner was regularized as per Ext.P2. He took voluntary retirement from service on 31.7.2003 and by Ext.P3, the University sanctioned the pension and family pension, etc. The apparent objection by the audit is that his pay was fixed on joining duty on 24.4.1987 at Rs.1080/- in the scale of Rs.1050 – 2000 which is the higher grade scale of U.P. School Headmaster and actually it was to be fixed at Rs.1075/- and the wpc 4491/2009 2 excess payment for the period from the date of joining duty till the date of retirement has to be worked out and recovered. 3. Ext.P5 is the relevant First Statutes prescribing the method of appointment, qualification, salary and allowances and duties in respect of the post of Headmaster of Kerala Agricultural University School. The qualification required for the post are graduation with First Class, high Second Class (55%) with B.Ed. and atleast five years teaching experience. The salary and allowances for the post shall be such as may be fixed by the Executive Committee of the Kerala Agricultural University from time to time. It is pointed out that the qualification prescribed for the post of Headmaster is higher than the qualification prescribed for the post of Headmaster of Government and Aided U.P. Schools. It is pointed out that Ext.P5 has not been considered while raising the audit objection. Ext.P6 is the representation forwarded by the petitioner to drop the same and Ext.P7 is a further representation. Since they did not evoke any positive response, the petitioner has filed this writ petition. 4. In the counter affidavit filed on behalf of the first respondent, the basic details as regards the appointment of the petitioner are admitted. It is pointed out that on the basis of the audit objection, an amount of Rs.50,000/- has been withheld. It is averred in the counter affidavit that the wpc 4491/2009 3 Local Fund Audit has not admitted the higher scale of pay fixed by Kerala Agricultural University to the post of Headmaster and refixed the pensionary benefits on par with scale of pay of U.P. School Headmaster in Government. It is also stated that the objection raised by the Local Fund Audit is pending before the Committee on Public Accounts in Government. Going by the counter affidavit, all the pensionary benefits except DCRG have been disbursed to the petitioner in the year 2004 itself. 5. Ext.P1 will show that the petitioner was selected and appointed by the Selection Committee for appointment to the post of Headmaster in the Kerala Agricultural University School with the scale of pay of Rs.1050 – 2000. The qualification and method of appointment including payment of salary are covered by Ext.P5. Para 5 of Ext.P5 is to the following effect: “5. Salary and allowances:- The salary and allowances for the post shall be such as may be fixed by the Executive Committee of the Kerala Agricultural University, from time to time.” The same governs the payment of salary and allowances. Going by the same, the Executive Committee of the University is entitled to fix the salary and allowances of the post. Therefore, there cannot be any dispute that the scale of pay mentioned in Ext.P1 is one fixed by the Executive Committee as empowered by para 5 of Ext.P5. There is no case by the University also wpc 4491/2009 4 that any mistake has occurred in fixing the scale of pay granted to the petitioner. There is nothing in Ext.P5 to show that the scale of pay of the Headmaster of the Kerala Agricultural University School should be on a par with the scale of pay of Headmasters of Government schools or aided schools. As already noticed, the relevant clause in Ext.P5 is quite independent and freedom is given to the Executive Committee to fix the salary and allowances. 6. In that view of the matter, the objection raised by the Local Fund Audit that the petitioner was given a higher pay than that of the U.P. School Headmasters, cannot be sustained. 7. The petitioner has been sanctioned the scale of pay as per Ext.P1 and was in receipt of the same in accordance with the terms and conditions of appointment. Therefore, there is no merit in the objection that he has received any excess pay from 24.4.1983 till the date of retirement. The writ petition is therefore allowed. The refixation of salary and pensionary benefits as provided in Ext.P4 cannot be sustained. Ext.P4 is quashed. The petitioner will be sanctioned pensionary benefits in accordance with the scale of pay offered in Ext.P1 and which was being revised from time to time. The pensionary benefits will accordingly be recalculated by the University and the balance amount due will be disbursed wpc 4491/2009 5 to him. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. (T.R. Ramachandran Nair, Judge.) kav/