IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 37422 of 2003(E) ----------------------------------- PETITIONER: ---------------- P. VALSALA, ASSISTANT TEACHER, THILLENKERI U.P. SCHOOL, P.O. THILLENKERI, KANNUR DISTRICT. BY ADV. SRI.M.VIJAYAKUMAR RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR 3. THE ASSISTANT EDUCATIONAL OFFICER, P.O. IRITTY, KANNUR DISTRICT. 4. THE HEADMASTER, THILLENKERI U.P. SCHOOL, P.O. THILLENKERI, KANNUR DISTRICT. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.37422/03 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE ORDER NO.G 10603/98 DTD 9.2.99 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER NO.K. DIS.G 10603/2/98 DTD 18.2.99 ISSUED BY R3. EXT.P3: COPY OF THE ORDER NO.G.10603/3/98 DT. 18.2.99 ISSUED BY R3. EXT.P4: COPY OF THE ORDER NO.G.10603/4/98 DT. 18.2.99 ISSUED BY R3. EXT.P5: COPY OF THE OBJECTION DT. 5.11.2003. EXT.P6: COPY OF THE CIRCULAR NO.24/96(89)/FIN. DATED 13.5.1996. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37422 OF 2003 ---------------------------------------- Dated this the 1st day of January, 2008 JUDGMENT The petitioner, at the time of filing this writ petition, was a UPSA in the Thillenkery U.P. School who was working so from 27.7.1977. She subsequently retired from service during the pendency of this writ petition. During the year 1981-1982, the petitioner was retrenched from service on 15.7.1981 on account of division fall, but was later given protection from 23.9.1981 onwards. However for the period from 15.7.1981 to 22.9.1981, she was out of service. This period was regularized by the 3rd respondent by granting the petitioner Leave Without Allowances. Without noticing that for the said period the petitioner was not eligible for increment, the petitioner continued to draw increments on the regular dates of increment. Later on, this mistake was found out and the 3rd respondent refixed the pay of the petitioner by Exts.P1, P2, P3 and P4. Consequently the petitioner’s date of drawing increment also was revised and the petitioner was directed to refund an amount of Rs.35,000/- W.P. © No.37422/03 2 drawn excess and reducing the pay of the petitioner. According to the petitioner, her case is squarely covered by Ruling No.1 of Part I of the K.S.R. The petitioner therefore seeks the following reliefs: “ i) issue a writ of certiorari or any other appropriate writ order or direction calling for the originals relating to Exts.P5 and P6 and quash the same. ii) issue a writ of mandamus directing the respondents not to refix the pay in pursuance of Exts.P5 & P6”. 2. The learned Government pleader submits that the above said Ruling is applicable only in case of anomaly in fixation of pay pursuant to pay revision orders which is not the case of the petitioner herein. 3. I have considered the rival contentions in detail. One of the contentions raised by the petitioner in this writ petition is that before issuing Ext.P5 order, the petitioner has not been given any notice or opportunity of being heard. Although the 1st respondent has filed a counter affidavit this specific averment in the writ petition is not seen denied. Therefore it is clear that Ext.P5 order has been passed in violation of the principles of natural justice. Accordingly, Ext.P5 is quashed and the 1st respondent is directed to pass W.P. © No.37422/03 3 fresh orders in the matter after issuing notice to the petitioner and affording her an opportunity of being heard. Such orders shall be passed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P. © No.37422/03 4