IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 6677 of 2006(T) ------------------------- PETITIONER: ------------ M.V. ELSY, UPPER PRIMARY SCHOOL ASSISTANT, ST.XAVIERS CONVENT U.P. SCHOOL, PUDUKKAD, IRINJALAKKUDA. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENTS: ------------- 1. THE HEADMISTRESS, ST.XAVIERS CONVENT U.P. SCHOOL, PUDUKKAD, IRINJALAKKUDA. 2. ASSISTANT EDUCATIONAL OFFICER, IRINJALAKKUDA. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SHRI.T.T.MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 4.1.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 6677/06. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE OBJECTION ISSUED BY R1. P2. COPY OF THE GOVT. ORDER DTD.5.2.99. P3. COPY OF THE GOVT. ORDER DTD.22.6.99. P4. COPY OF THE JUDGMENT IN O.P.NO.9509/03. P5. COPY OF THE COMMUNICATION issued IN 2/06 FROM THE OFFICE OF AEO. P6. COPY OF THE RELEVANT PAGE OF SERVICE BOOK. P7. COPY OF THE GOVT. ORDER DTD.5.12.95. Sdk+ ///True copy/// P.A. to Judge. S.SIRI JAGAN, J. ====================== W.P.(C).No.6677 of 2006 ====================== Dated this the 4th day of January, 2008 J U D G M E N T At the time of filing this writ petition the petitioner was an Upper Primary School Assistant in the St.Xaviers Convent U.P.School, Pudukkad. She was given grade promotion on due dates in accordance with her re-option. Later on audit objection was raised saying that the re-option exercised by her was not in order and therefore, the excess pay drawn by the petitioner on the basis of the re-option has to be refunded by her. When recovery proceedings were initiated, the petitioner challenged the same in O.P.No.9509/2003, in which this court passed Ext.P4 judgment quashing the audit objection and upholding the contention of the petitioner that her fixation of pay cannot be re- opened. The petitioner is now aggrieved by the action of the respondents in again raising audit objection and initiating steps to recover the excess amount drawn for the period from February, 1994 to March, 1996. w.p.c.6677/06 2 2. An additional counter affidavit has been filed by the third respondent, in this case, in which it is stated thus: “Meanwhile the Petitioner approached the Hon'ble court and this Hon'ble court as per judgment dated 7-4-2003 in O.P. No.9509/03-F filed by M.E.Elsy quashed the audit objection. Since the said fact was not entered in Service book of the Petitioner, the audit party again noted objection. But subsequently it was found that the audit objection has already been quashed by this Hon'ble court and hence the department did not proceed against the Petitioner for refunding the excess amount draw.” In view of th above submission, Ext.P5 is quashed and there would be a direction to disburse the pensionary benefits due to the petitioner without taking into account Ext.P5, if the same has not already been disbursed. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE