IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 711 of 2004(I) --------------------- PETITIONER : --------------------- S.DEVAS, S/O. R.SANKARAN, AGED 39 YEARS, L.G.HINDI TEACHER, C.V.M.HIGH SCHOOL, VANDAZHI, PALAKKAD DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.E.S.ASHRAF RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE MANAGER, C.V.M.HIGH SCHOOL, VANDAZHI, PALAKKAD DISTRICT. 5. THE ACCOUNTANT GENERAL (A&E) KERALA, TRIVANDRUM. R1 TO R3 & R5 BY GOVERNMENT PLEADER SRI.V.T.K. MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 711 of 2004(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER OF THE MANAGER. EXT.P2 : COPY OF THE NOTICE NO. B3-2871/99 OF THE 3RD RESPONDENT. EXT.P3 : COPY OF THE LR. NO. SPL.CELL (HQ)/11/111/13-2834/147 OF THE 5TH RESPONDENT. EXT.P4 : COPY OF THE REPLY OF THE PETITIONER. EXT.P5 : COPY OF THE COMMUNICATION NO. B3-2871/99 OF THE 3RD RESPONDENT. EXT.P6 : COPY OF THE PROCEEDINGS ORDER NO. D.DIS.B2/6508/98 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.711 Of 2004 ----------------------------------------------------- DATED THIS THE 21st DAY OF JANUARY, 2011 J U D G M E N T Aggrieved by the audit objection relating to payment of salary from 2.7.1998 to 14.7.1999, this Writ Petition has been filed. 2. The petitioner has been serving as a Full Time Menial in C.V.M.High School, Vandazhi in Palakkad Educational District, from 1.12.1995. He was later promoted under Rule 43 of Chapter XIV-A of KER as Lower Grade Hindi Teacher from 2.7.1998. The same was approved as evident from Exhibit P1 order. 3. Later, he was issued a notice as per Exhibit P2 stating that the approval is liable to be cancelled and Exhibit P3 is the audit objection against the payment of salary. The petitioner filed a reply as per Exhibit P4, to overrule the audit objection and by Exhibit P5 communication, Headmaster was instructed to get the salary refunded for the period objected. 4. In the Writ Petition, it is mainly contended that on the basis of the approval, the petitioner has worked in the post and therefore, there cannot be any direction to refund the salary. It is further pointed out that in the staff fixation order three posts have W.P.(C)No.711/04 -2- been sanctioned including one temporary post and thereafter there has not been any order under Rule 8A of Chapter XIV-A of KER also recalling the approval granted. 5. Evidently, the staff fixation order contains sanction to the post to which the petitioner was appointed. It does not appear that the staff fixation has been revised at any point of time. The only issue is whether the petitioner is liable to refund the salary. The approval granted has not been set aside even in Exhibit P5. 6. The petitioner was continuing based on a valid appointment order which was approved and the petitioner has actually worked in the post also. The payment of salary is based on the approval granted to the post and for the actual work done. Therefore, even if the approval was found objected by the audit at a later point of time, the salary cannot be denied. Therefore, the Writ Petition is allowed. Exhibit P5, to the extent to which it directs refund of salary is quashed. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge