IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 10448 of 2008(R) -------------------------- PETITIONER(S): --------------- K.N.SADANANDAN S/O. K.A. NARAYANAN, AGED 54 YEARS, CLERK, S.N. HIGHER SECOONDARY SCHOOL P.O.,OKKAL 683 550, PERUMBAVOOR. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER KOTHAMANGALAM. 3. THE ACCOUNTANT GENERAL (A & E) KERALA THIRUVANTHAPURAM. 4. THE PRINCIPAL S.N.HIGHER SECONDARY SCHOOL P.O.OKKAL 683 550,PERUMBAVOOR. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 10448/2008. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF AUDIT ENQUIRY. EXT.P2 PETITION DT. 11-3-2002. EXT.P3 JUDGMENT IN W.P.C. NO. 33666/2003. EXT.P4 GOVT ORDER DT. 10-9-2004. EXT.P5 CIRCULAR DT. 29-7-2006. EXT.P6 JUDGMENT IN W.P.C.NO. 30954/2004. EXT.P7 GOVT. ORDER DT. 4-2-2008. EXT.P8 CIRCULAR DT. 26-12-2007. EXT.P9 ORDER DT. 23-2-2008. EXT.P10 ORDER IN W.P.C.NO. 30954/2004 DT. 20-10-2004. EXT.P11 GOVT. ORDER DT. 18-1-2010 [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 10448 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of February, 2010. J U D G M E N T Fixation of pay of the petitioner duly sanctioned by the educational officer concerned was objected to by the Accountant General. The Government concurred with the Accountant General. Challenging the audit objection, the petitioner filed W.P(C) No. 30954/2004 and this Court, by judgment dated 2-8-2007, directed the Government to consider the claim of the petitioner afresh on the basis of Ext. P5 circular dated 29-7-2006. Pursuant thereto, the Government rejected the claim of the petitioner on the ground that Ext. P5 was cancelled by Ext. P8 order. But the petitioner points out that Ext. P8 was issued on 26-12-2007, subsequent to the judgment of this Court . As such, Ext. P8 cannot govern the petitioner's case. According to the petitioner, as such, the rejection of the claim on the basis of Ext. P8, which came into being subsequent to the judgment of this Court, is improper. However, for the present, the petitioner would be satisfied if the petitioner's claim is considered in accordance with Ext. P11 order dated 18-1-2010 passed by the Government in respect of the subject matter in question. 2. I have heard the learned Government Pleader also. 3. In the above circumstances, I dispose of this writ petition with a direction to the 1st respondent to re-consider the petitioner's case in the light of Ext. P11 order dated 18-1-2010 as expeditiously as possible, at any rate, within two months from the date of receipt of a W.P.C. No. 10448/2008. -: 2 :- copy of this judgment. The contention of the petitioner regarding validity of the impugned orders is left open to be agitated, if necessity arises after reconsideration as directed above. Sd/- S. Siri Jagan, Judge. Tds/