IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WA.No.245 of 2008 (E) --------------------------- AGAINST THE JUDGMENT IN OP.29292/2001 Dated 16/06/2006 .................... APPELLANTS: RESPONDENTS IN WPC ------------------------------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENTS: PETITIONERS IN WPC --------------------------------------------- 1. K.AMBIKA DEVI, W/O C.RAMANKUTTY, HEADMISTRESS, V.G.L.P. SCHOOL, THRISSUR. 2. E.V.DESARADHAN, HEADMASTER, A.U.P.SCHOOL, TRIPRAYAR, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, ALONG WITH WA NO.1577 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.245 of 2008 & W. A. No.1577 of 2006 ------------------------------------------------ Dated this the 18th day of September, 2008 JUDGMENT Koshy, J Respondents in these writ appeals were Primary School Teachers. They were promoted as Headmaster prior to 01/03/92. In view of the anomalous situation that their juniors will be getting higher pay, Government allowed their pay to be notionally fixed in the Selection Grade first on 01/03/92 or on a subsequent date on which they become eligible for the selection grade by completing 25 years of service as P.D. Teachers. 2. It is the contention of the appellants that such fixation shall be on the pre-revised scale. But actually when the Government order was implemented, it was implemented in the W. A. No.245 of 2008 & W. A. No.1577 of 2006 -2- pre-revised scale and then on the basis of their option revised salary was calculated. According to the appellants, excess salary by mistake was paid to them. 3. It is the contention of the respondents/petitioners that they were paid salary correctly; that they exercised the option in time; that they are entitled to get the benefit of the Government order and that they cannot be paid lesser salary than their juniors. 4. The learned Single Judge found that the benefit given to them on completion of 25 years of service as P.D Teacher cannot be considered as arbitrary and in view of clear Ext.P3 Government Order salary was not paid in excess and what was calculated was correct. In any event, the writ petitioners are not W. A. No.245 of 2008 & W. A. No.1577 of 2006 -3- responsible for the alleged mistaken calculation. Moreover, all the writ petitioners have retired from service at this distance of time. The alleged excess payment cannot be recovered from them on account of the mistake said to have been occurred on the part of the appellants without any contribution on the part of the writ petitioners. We find no reason to interfere with the impugned judgment. Hence, Writ Appeal No.245/08 fails and is dismissed accordingly. 5. But at the same time, we note that in Writ Appeal No.1577/06, against the fourth respondent (fourth writ petitioner), apart from the above, there are other objections also as can be seen from Ext.P14. Hence, in his case we direct the Government to hear him and pass appropriate orders regarding the W. A. No.245 of 2008 & W. A. No.1577 of 2006 -4- other objections. With this observation, Writ Appeal No.1577/06 is disposed of. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-