IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 12218 of 2009(V) -------------------------- PETITIONER(S): --------------- A.P.MOHAMMED, AGED 57, S/O.MOIDEENKUTTY, RETIRED HEADMASTER, GOVERNMENT LOWER PRIMARY SCHOOL, CHELAVOOR, KOZHIKODE DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, CHEVAYOOR. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 12218/2009. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF JUDGMENT IN W.P.C.NO. 27333/04. EXT.P2 COMMUNICATION DT. 6-1-2007. EXT.P3 ORDER DT. 29-3-2008. EXT.P4 REPRESENTATION DT. 29-7-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 12218 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of February, 2010. J U D G M E N T The petitioner retired from service as Headmaster of Government Lower Primary School, Chelavoor. Prior to entering Government service, the petitioner had aided school service for the period from 6-6-1979 to 16-8-1982. While re-fixing the pay pursuant to Pay Revision Orders, the petitioner was given weightage in service, taking into account his aided school service also. Against the same, an audit objection was raised by the 2nd respondent. By Ext. P1 judgment, this Court directed the Educational Officer concerned to consider the matter. However, there is no progress in respect of the same and the petitioner is yet to get his retirement benefits. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext. P 3; ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to sanction the monthly pension and other terminal benefits including the death- cum-retirement gratuity and commutted value of pension to the petitioner with 12% interest per annum to the petitioner; iii) to issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to consider Ext. P4 request submitted by the petitioner.” 2. As far as the question regarding service weightage for aided school service is concerned, it is settled by a Division Bench of this Court that aided school service cannot be counted for the purpose of service weightage in pay revision. As such, the excess pay paid to the petitioner on account of the same has to be refunded by the petitioner. 3. Counsel for the petitioner submits that the amounts may be W.P.C. No. 12218/2009 -: 2 :- directed to be recovered from the retirement benefits and balance retirement benefits may be directed to be disbursed to the petitioner. The learned Government Pleader submits that, that can only be subject to receipt of non-liability certificate. 4. I am of opinion that it is for the respondents to fix the liability of the petitioner with notice to him and then disburse whatever retirement benefits that are due to the petitioner. Accordingly, the writ petition is disposed of with the following directions: The competent among the respondents shall fix the liability due from the petitioner and disburse the balance retirement benefits due to the petitioner, after deducting the liability, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. However, I make it clear that, that would be subject to the right of the petitioner to challenge the liability so fixed appropriately. Sd/- S. Siri Jagan, Judge. Tds/