IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 12525 of 2008(N) -------------------------------------- PETITIONER: ------------------- ABDUL JALEEL.D.V, STATISTICAL ASSISTANT GRADE-II, STATISTICAL WING, DISTRICT MEDICAL OFFICE, KANNUR. BY ADVS. MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION, DEPARTMENT, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE DEPUTY DIRECTOR, DISTRICT OFFICE, ECONOMICS AND STATISTICS, KANNUR. 4. THE TALUK STATISTICAL OFFICER,KANNUR. 5. THE DISTRICT MEDICAL OFFICER, KANNUR. R1 TO R5 BY GOVT. PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12525/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 22/01/2007 ISSUED BY KERALA PUBLIC SERVICE COMMISSION. EXT.P.2: COPY OF THE ORDER PASSED BY DISTRICT EDUCATIONAL OFFICER, KANNUR. EXT.P.3: COPY OF THE AUDIT REPORT DTD. 12/12/2005 ISSUED BY R.2. EXT.P.4: COPY OF THE NOTICE DTD. 12/01/2007 ISSUED BY HEADMASTER, CHM HIGH SCHOOL, ELAYAVOOR. EXT.P.5: COPY OF THE REPLY DTD. 20/01/2007 SUBMITTED BY PETITIONER. EXT.P.6: COPY OF THE LETTER DTD. 29/02/2008 ISSUED BY R.3. TO R.4. EXT.P.7: COPY OF THE G.O.(MS).NO.96/73/G. EDN. DTD. 22/06/1973 ISSUED BY THE GOVERNMENT. EXT.P.8: COPY OF THE CIRCULAR DTD. 19/11/1994 ISSUED BY THE GOVERNMENT. EXT.P.9: COPY OF THE CIRCULAR DTD. 29/07/2006 ISSUED BY THE GOVERNMENT. EXT.P.10: COPY OF THE ORDER DTD. 18/01/2010 PASSED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 12525 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of March, 2010 J U D G M E N T The petitioner is an L.D. Clerk in an aided school who resigned that job to join Government service on 17.03.2008 while he was in the aided school service. The petitioner did not pass the obligatory departmental test. But inspite of the same, the petitioner was paid increments on the basis of a circular issued by the Government in that regard. Later on canceling the concerned circular issued by the Government in that regard, proceedings were initiated for recovery of the excess salary paid to the petitioner. The petitioner now submits that the Government has now passed Ext.P10 order, wherein L.D. Clerks who entered service prior to 29.07.2006 has been permanently exempted from passing the obligatory departmental test and therefore the order directing the recovery is no longer valid. W.P.(C)No. 12525 of 2008 -2- 2. I have heard the learned Government Pleader also. In view of Ext.P10, the respondents cannot now take a stand that for getting increments the petitioner is liable to pass the obligatory departmental test. That being so, Ext.P3 audit objection is quashed. It is declared that the petitioner is not liable to refund the amount already received by the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/