IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 OP.No. 30714 of 1999(F) -------------------------------- PETITIONER: ---------------- JOSEPH XAVIER, LOWER DIVISION CLERK, GOVERNMENT TECHNICAL HIGH SCHOOL TEEKOY, KOTTAYAM DIST. BY ADV. SRI.SHAJI THOMAS PORKKATTIL RESPONDENTS: --------------------- 1. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 2. PRINCIPAL, GOVERNMENT POLYTECHNIC PALA. 3. ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. M.P.SREEKRISHNAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 52341/1999 IN OP NO. 30714/1999 F. DISMISSED 23/01/2008. SD/- K.M.JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER NO. ED1/43165/90 DT. 22/09/90 OF THE R1 ISSUED TO THE SUPERINTENDENT, TECHNICAL HIGH SCHOOL TEEKOY. EXT.P2. COPY OF THE ORDER NO. ED1/33763/92/DTE DT. 25/6/92 OF THE ADM. OFFICER, DIRECTORATE OF TECHNIAL EDUCATION. EXT.P3. COPY OF THE ORDER DATED 26/11/92 ISSUED BY THE R2 TO THE PETITIONER. EXT.P4. COPY OF THE LETTER DT. 26/08/98 ISUED BY THE R1 TO THE R2. EXT.P5. COPY OF THE MEMO DT. 3/2/99 ISSUED BY THE R2 TO THE PETITIONER. EXT.P6. COPY OF THE REPRESENTATION DT. 29/5/99 SUBMITTED BY THE PETITIONER TO THE R1. RESPONDENT'S EXHIBITS NIL. True copy tga K. M. JOSEPH, J. ----------------------------------- O.P NO. 30714 OF 1999 F ------------------------------------- Dated this the 23rd January, 2008 JUDGMENT Petitioner calls in question Exts.P4 and P5. A direction is sought to fix the pay of the petitioner taking into consideration the services rendered by the petitioner prior to 10.9.1990 and revise the petitioner's pay in accordance with Ext.P3. Secondly, a mandamus is sought to direct the respondents to repay to the petitioner the alleged excess payment recovered from the salary of the petitioner with interest. 2. One of the contentions taken by the petitioner is that by Exts.P4 and P5 excess pay and allowances sought to be recovered and it is done without giving an opportunity of hearing to the petitioner. Any way, petitioner has preferred Ext.P6 before the first respondent. In such circumstances, the Original Petition is disposed of directing that a decision should be taken on Ext.P6 by the first respondent in accordance with law, after hearing the petitioner, within a period of two months OP 30714/99 F 2 from the date of receipt of a copy of this Judgment. Till such time as a decision is taken, the interim order will continue. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 30714 OF 1999 F JUDGMENT 23rd January, 2008.