IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 W.A.No. 467 of 2007(B) -------------------------------------- AGAINST THE JUDGEMENT IN OP.30399/2001 Dated 30/06/2006 .................... APPELLANT(S)//RESPONDENTS 1 TO 3 IN THE OP: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE AUDIT & ACCOUNTS GENERAL OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAI. BY GOVERNMENT PLEADER SRI. N. MANOJ KUMAR. RESPONDENT// PETITIONER IN THE OP ------------------------- P.T.KURIAN, TEACHER, ST.MARY'S HIGH SCHOOL, KIDANGOOR, KIDANGOOR P.O., KOTTAYAM DISTRICT, PIN-686 584. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A. No.467 of 2007 ------------------------------ Dated this, the 16th day of December, 2009 JUDGMENT Balakrishnan Nair, J. The appellants are the respondents in the Original Petition. The Original Petition was filed by the respondent challenging Ext.P2 audit objection. The brief facts of the case are the following:- The respondent was a teacher in the St.Mary's High School, Kindangoor. Before joining the said school, he has worked in Government High School, Rajakumari, as a provisional hand, from 9.10.1974 to 25.3.1975. He has continuous service in the present school from 1.6.1977. He was granted 20 years' Higher Grade with effect from 4.6.1996. Later, taking into account the provisional service rendered by him in the Government school, the date of grant of 20 years' Higher Grade was pre-dated to 13.12.1995. Subsequently, it was found to be irregular. The aforementioned benefit was WA No.467 of 2007 - 2 - granted to him on 29.12.1998. The audit objection was raised against the same, as per Ext.P2, which was forwarded to the Headmaster of the respondent's school on 21.11.2000. It means, action was taken within two years of the commission of the irregularity. After filing representations against Ext.P2, the present Original Petition was filed by the respondent herein. The learned Single Judge found that the objection taken in Ext.P2 is valid, but further held that the attempt to make recovery of excess amount paid to the respondent herein is invalid. Feeling aggrieved by the said finding of the learned Single Judge, this appeal is preferred by the respondents in the Original Petition. 2. We heard the learned counsel on both sides. In this case, we notice that the respondent is a teacher working in a High School. The steps for recovery of excess amount paid were taken within two years of payment. That means, there was not much delay in taking action. In view of the above facts, we find nothing wrong with the action of the WA No.467 of 2007 - 3 - appellants in taking steps to recover the excess amount paid to the respondent. This view, taken by us, is in tune with the principles laid down by the Division Bench of this Court in Santhakumari v. State of Kerala, 2005 (4) KLT 649. In the result, the Writ Appeal is allowed, the judgment under appeal is reversed and the Original Petition is dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)