IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 OP.No. 25819 of 1999(W) ---------------------------------- PETITIONER: ------------------ A.M.JOHN, HEADMASTER, ST.ROCKEY'S U.P.SCHOOL, AREEKARA, VELIYANNOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS: ----------------------- 1. STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, FINANCE (PRCB ) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, RAMAPURAM, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SMT.SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.25819/1999 ORDER ON CMP. NO.43544/1999 IN OP NO.25819/1999 DISMISSED 19.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER DT. 19.3.94 ISSUED BY THE 4TH RESPONDENT. EXT.P2:- COPY OF THE ORDER DT. 5.2.99 ISSUED BY THE 4TH RESPONDENT. EXT.P3:- COPY OF THE ORDER DT. 7.9.94 ISSUED BY THE 4TH RESPONDENT. EXT.P4:- COPY OF THE ORDER DT. 7.9.94 ISSUED BY THE 4TH RESPONDENT. EXT.P5:- COPY OF THE AUDIT ENQUIRY REPORT DT. 3.9.99 DIRECTING TO RECOVER THE AMOUNT. EXT.P6:- COPY OF THE FORM OF OPTION APPROVED BY THE 4TH RESPONDENT IN FAVOUR OF SR.BRIGEETHA K.A. EXT.P7:- COPY OF THE G.O.(P) NO.1811/99 /(38)/FIN DT. TVM. 15.9.99 ISSUED BY THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.25819 of 1999-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008. JUDGMENT The petitioner was working as Headmaster of St. Rockey's U.P. School, Areekara, Kottayam District. The grievance raised by the petitioner is against Ext.P5, wherein the audit objections regarding the scale of pay granted to the petitioner, have been forwarded with a specific direction to review the pay fixation orders. The petitioner's case in short is that he was promoted as Headmaster with effect from 5.7.1990 and his pay was fixed at Rs.1830/- in the scale of Rs.1330-2555 which was a pre- revised scale of the year 1992. Thereafter, consequent on the pay revision of the year 1992, based on the re-option submitted by him, his pay was refixed, the details of which are given in para 3 of the writ petition. Ultimately, the 4th respondent as per Ext.P1 order, recognised the pay fixation. The pay scale that was being enjoyed by the petitioner was revised by Ext.P2 and later on, selection grade was sanctioned to the petitioner and he was permitted to draw the increment also as per order dated 7.9.1994. The above orders are produced by the petitioner as Exts.P3 and P4. But in spite of the same, the objections referred to in Ext.P5 have been raised by OP 25819/1999 -2- the audit party. When recovery was proposed based on the audit objection, alleging violation of the principles of natural justice, the petitioner has filed this original petition. 2. The petitioner has produced Exts.P6 and P7 in support of the plea that as far as the fixation granted to him is concerned, there is no illegality. 3. In any view of the matter, it is upto the petitioner to pursue his explanations to the audit objections and seek dropping of the same by the competent authority. Therefore, the petitioner shall forward his written objections to the audit note mentioned in Ext.P5, within a period of one month from the date of receipt of a copy of the judgment. The petitioner is also entitled to produce all evidence along with the objections which shall be considered by the 4th respondent. After considering the objections on the merits, the 4th respondent shall pass appropriate orders in the matter within a further period of two months thereof, which shall be duly communicated to the petitioner. Recovery proceedings, if any, taken pursuant to Ext.P5 will stand stayed till the orders are communicated to the petitioner. The original petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/ OP 25819/1999 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.25819 of 1999-W - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 19th March, 2008.