IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WA.No. 1668 of 2007(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31634/2006 Dated 14/03/2007 .................... APPELLANT: PETITIONER: ----------------------------------------- K.P.RAMA WARRIER, MANAGER, A.U.P.SCHOOL, POMBRA,P.O.POMBRA, KARAKKURUSSI, PALAKKAD DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: RESPONDENTS: ---------------------------------------------------- 1. M.J.ELSAMMA, A.U.P. SCHOOL, POMBRA, KARAKURUSSI, PALKKAD DISTRICT. 2. THE DEPUTY TAHSILDAR (R.R.), OTTAPPALAM. 3. THE VILLAGE OFFICER, KARIMPUZHA-II, VILLAGE ELAMPULASSERRY, PALAKKAD DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHERUPULASSERRY, PALAKKAD DISTRICT. 5. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. 6. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.GOVIND K.BHARATHAN (SR.) FOR R1 SRI.PRABIN BABU FOR R1 GOVERNMENT PLEADER SRI. SANDESH RAJA FOR R2 TO R6 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NOS. 201/2008 & 845/2008 IN W.A.NO.1668/2007 DISMISSED 23/09/2008 SD/- J.B.KOSHY, JUDGE SD/- K.P.BALACHANDRAN, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- W.A. No. 1668 of 2007 --------------------------------------- Dated this the 23rd day of September, 2008 Judgment Koshy,J. Appellant is the manager of an aided school. He suspended first respondent teacher with effect from 27.1.1993. After preliminary enquiry, Assistant Educational Officer found that she has to be reinstated. The said order was challenged before the Government under rule 92 of Chapter XIV A of the Kerala Education Rules. That was dismissed. That order was challenged before this court. The Assistant Educational Officer directed to draw and disburse the salary of the teacher. That order was also challenged before this Court. Those two writ petitions were dismissed by this Court. The manager preferred two appeals and those appeals were also finally dismissed. In view of rule 67 (8), the amount disbursed to the teacher was ordered to be recovered from the claimant. Revision application was dismissed by the Government. Writ petitions were also dismissed. In Ext.P2 judgment, a Division Bench of this Court upheld these orders and dismissed the writ appeals W.A.No.1668/2007 2 filed by the petitioner by judgment dated 25.2.2003. However, this court allowed the conduct of enquiry against the first respondent. Petitioner's refusal to reinstate the employee will not be justified merely because this Court allowed to conduct enquiry. Despite Ext.P2 judgment of the Division Bench, the teacher was not reinstated. Now, it is contended that before initiating the revenue recovery proceedings no notice was issued. No notice is necessary as the order of the Assistant Educational Officer was to disburse the salary and to recover it from the manager under rule 67 (8). That order was challenged before the statutory authorities and before this Court. His petitions and appeals were dismissed. Only the actual amount that was disbursed was allowed to be recovered. However, if there is any dispute regarding the quantum, petitioner will be free to file a representation before the Government showing the calculation mistake. Now, the amount to be recovered is a huge amount. Therefore, we allow the petitioner to pay the amount in ten equal monthly instalments. First instalment is to be paid on or before 15th October, 2008. If there are two consecutive defaults in W.A.No.1668/2007 3 payment of instalments, revenue recovery proceedings now initiated by AnnexureA1 can be continued. The writ appeal is disposed of accordingly. J.B.Koshy Judge K.P. Balachandran Judge vaa W.A.No.1668/2007 4 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- W.A. No.1668/2007 ------------------------------------- Judgment Date:23rd September,2008