IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 36161 of 2005(E) -------------------------------------- PETITIONER: ------------------- S.M.ASALIM, AGED 50 YEARS, S/O.S.SREEDHARAN, HIGH SCHOOL ASSISTANT, GOVERNMENT HIGHER SECONDARY SCHOOL, KARUNAGAPPALLY, KOLLAM 690 518. BY ADV. SRI.V.A.MUHAMMED, ADV. SRI.K.E.HAMZA. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, KARUNAGAPPALLY, KOLLAM- 690 518. BY GOVT. PLEADER SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36161/2005-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DTD. 06/09/2001. EXT.P.2: COPY OF THE REPORT OF THE R.2. DTD. NIL. EXT.P.3: COPY OF THE LETTER NO. 20481/R1/2005/G1. EDN. OF THE GOVERNMENT DTD. 05/12/2005. EXT.P.4: COPY OF THE ANNEXURE III RULES FOR FIXATION OF PAY IN THE REVISED SCALES DTD. NIL. EXT.P.5: COPY OF THE APPENDIX III SPECIAL CATEGORIES OF SERVICE RECKONED FOR WEIGHTAGE DTD. NIL. EXT.P.6: COPY OF THE JUDGMENT IN O.P. NO. 1049/1995-Y DD. 18/03/1996. EXT.P.7: COPY OF THE JUDGMENT IN W.A. NO. 1578/2003 DTD. 29/09/2003. EXT.P.8: COPY OF THE JUDGMENT IN O.P. NO. 24702/2002-N DTD. 17/11/2003. EXT.P.9: COPY OF THE JUDGMENT IN W.P.(C). NO. 1645/2004 DTD. 02/07/2004. EXT.P.10: COPY OF THE LETTER OF THE ACCOUNTANT GENERAL DTD. 11/10/2004. EXT.P.11: COPY OF THE ORDER IN W.P.(C) NO. 2387/2005 DTD. 24/01/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.36161 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T The issue regarding counting of aided school service for the purpose of certain service benefits is covered against the petitioner by the decision of this Court in Writ Appeal No.288/2005. It is seen that the petitioner has already been granted certain benefits. This writ petition was filed at a time when steps were taken for recovery. 2. The contention of the petitioner is that petitioner may not be saddled by the recovery since he is not a party to the wrong fixation. But the fact remains that the petitioner is the beneficiary of a benefit for which he is not entitled. However, it is seen that the petitioner is on the verge of retirement. This writ petition is disposed of making it clear that the recovery shall only be from the D.C.R.G without any interest. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 36161 OF 2005 J U D G M E N T 08.08.2008