IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WA.No. 1335 of 2002(D) ---------------------- AGAINST THE JUDGEMENT/ORDER IN OP.25845/2000 Dated 09/11/2001 .................... APPELLANT(S): PETITIONERS: ---------------------------------------------- 1. SAMUEL JOHN, H.S.A GOVT. GIRLS HIGH SCHOOL, KOTTARAKKARA. 2. P.K.RADHAKRISHNAN, H.S.A.GOVT. BOYS HIGH SCHOOL, KOTTARAKKARA. BY SMT.V.P.SEEMANDINI, SENIOR ADVOCATE, BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENT(S): RESPONDENTS: -------------------------------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA. R1 TO R3 BY SPL.GOVT.PLEADER (FINANCE) SRI.N.MANOJKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2010 ALONG WITH WA NO. 1094 OF 2003 AND OP NO. 11371 OF 2002,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON CMP.NO.3368/2002 IN W.A.NO.1335/2002 DISMISSED 9/12/2010 SD/- A.K.BASHEER, JUDGE SD/- P.Q.BARKATH ALI, JUDGE /TRUE COPY/ P.S.TO JUDGE Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.A.Nos.1335/2002 & 1094/2003 & O.P.No. 11371 of 2002 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 9th day of December, 2010 JUDGMENT Basheer, J. These three cases are being disposed of by this common judgment, since the issue involved in them is one and the same. 2. Appellants are teachers working in Government schools. Before their entry in Government service, they had been working in Aided schools. Their common grievance is that on their entry in Government service, they have been denied the benefit of increments counting their past service in Aided schools. 3. On June 17, 1999 the Government issued G.O.(P) No.1480/99/Fin. directing that approved service put in by teaching and non-teaching staff of all educational institutions coming under the Direct Payment Scheme, prior to entry in Government service, would be counted for all W.A.1335/2002 & con. cases. 2 service benefits, including pension, subject to the conditions laid down in Kerala Service Rules from time to time. 4. It is the admitted position that teachers like the appellants who had joined the Government schools were given the benefit in terms of the above Government order. But, on June 27, 2000 the Government issued another order in G.O.(P) No.990/2000/Fin., by which the earlier order referred to above was cancelled with effect from June 17, 1999. A copy of the above Government Order is made available on record as Ext.P3 in W.A. No.1335 of 2002. The Government further directed that the amount drawn on the strength of the earlier order should be recovered. 5. The appellants filed the Original Petitions under Article 226 of the Constitution of India, when recovery proceedings were about to be initiated. It was contended by them that Ext.P3 order was ex facie illegal and arbitrary and violative of Article 14 of the Constitution of India. However, their contention was repelled and the Original petitions were dismissed. Hence these appeals. W.A.1335/2002 & con. cases. 3 6. It may be noticed that large number of writ petitions were filed before this Court, raising the very same contentions and all of them happened to be dismissed. However in all these cases it was held that the Government would not be justified in effecting recovery of the monetary benefits, if any, that had already been paid to those teachers. 7. The Government challenged the latter direction in W.A. No.615 of 2003. However, a Division Bench of this Court by judgment dated September 24, 2004 dismissed that writ appeal and upheld the view taken by the learned Single Judge. 8. Several teachers also filed writ appeals, challenging the judgment of the learned Single Judge to the extent the primary relief was declined. In W.A.No.1976 of 2002 and other connected cases a Division Bench of this Court by judgment dated August 22, 2007 concurred with the view taken by the learned Single Judge and held that the Government was justified in refusing to reckon the past W.A.1335/2002 & con. cases. 4 service rendered by the teachers in Aided Schools, while fixing their scale of pay in Government schools and there was no illegality in refusing to reckon the Aided School service. 9. The only contention raised by the appellants in these two cases is that the Government was not justified in taking away the benefits granted to them in the earlier order issued by the Government and hence a direction may be issued to the Government not to recover any amount already drawn by them on the strength of the earlier order issued in this regard. 10. Having heard learned counsel for the appellants, we do not find any merit in the contention raised by the appellants, particularly since the issue has already been settled by the judgment rendered by a Division Bench of this Court in identical cases. Therefore, the appeals are dismissed. 11. However, we make it clear that the benefits, if any, paid to the appellants on the strength of Ext.P2 order W.A.1335/2002 & con. cases. 5 shall not be recovered. O.P. No. 11371 of 21002:- 12. Appellant No.1 in W.A. No.1335/2002 has filed this Original Petition. Grievance of the petitioner in this petition is that steps for recovery pursued by the Government on the basis of certain objections raised by the Accountant General are wholly illegal and unsustainable, in view of several judgments rendered by this Court directing the Government not to effect any recovery of the benefits, which had already been disbursed to the teachers in terms of the Government Order dated June 17, 1999. 13. There is considerable force in the above contention. In W.A. No.615/2003 and also in W.A.No.2052/2002 it has been held that the Government would not be entitled to recover any amount paid to the teachers on the basis of Ext.P2 Government order. 14. The other grievance of the petitioner is that he has been denied the benefit of the pay scale attached to the post of High School Assistant. It is the admitted position W.A.1335/2002 & con. cases. 6 that the petitioner retired from service as High School Assistant on April 30, 2002. According to the petitioner, his pension and other retiral benefits have to be fixed on the basis of the scale of pay attached to the post of High School Assistant. 15. We do not find any reason why those benefits will be denied to the petitioner. It is held that the petitioner will be entitled to get his pension and other retiral benefits reckoned on the basis of the scale of pay drawn by him as on the date of his retirement. The O.P. is closed with the above direction. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn. W.A.1335/2002 & con. cases. 7 A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.A.Nos.1335/2002 & 1094/2003 & O.P.No. 11371 of 2002 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= JUDGMENT 9th day of December, 2010