IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 19399 of 2009(T) -------------------------- PETITIONER(S): --------------- SUJAKUMARI.K.,W/O.SANTHOSHKUMAR P.S. SANTHOSH BHAVANAM,MESHUVELI, PATHANAMTHITTA (LD CLERK, SNT HIGHER SECONDARY SCHOOL,PUNALUR) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERALA EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUATIONAL OFFICER, PUNALUR. 3. REGIONAL DEPURTY DIRECTOR OF HIGHER SECONDARY EDUCATION,OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDCATION, THIRUVANANTHAPURAM. 4. THE CORPORATE MANAGER,SN TRUSTS SCHOOLS, OFFICE OF THE SN TRUST, P.O. BOX NO.63, KOLLAM 691 001. GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 19399 of 2009 ================== Dated this the 18th day of February, 2010 J U D G M E N T This writ petition is filed seeking the following reliefs: “i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No. 2 & 3 to effect appropriate book adjustments in the accounts so as to enable the petitioner to draw the balance amount of salary and allowances in the post of LD Clerk for the period from 1/2/206 to 30/6/2008 without insisting for refund of salary already received by her in the lower post of Laboratory Assistant during the said period in the light of Ext.P8 judgment passed by this Hon'ble Court, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.2 to disburse the balance amount of salary and allowances in the LD Clerk for the period from 1/2/2006 to 30/6/208 (Rs.44,000/- approx) as per Exts.P6 judgment and P7 order without insisting for refund of the entire salary received by her in the lower post of Laboratory Assistant during the period from 1/2/2006 to 30/6/2008 as per Ext.P4 interim order (Rs.1,28,000/- approx) in the light of Ext.P8 judgment passed by this Hon'ble Court, within such time as this Hon'ble Court may deem fit and proper in the interest of justice;” 2. On 10.7.2009, while admitting the writ petition, this Court passed an interim order as follows: “Notice on admission. As per Ext.P4 interim order, this court directed the District Educational Officer, Punalur, the second respondent herein, to disburse the salary due to the petitioner in the post of Laboratory Assistant. At that time, the petitioner was already appointed as L.D. Clerk. Presently, by Ext.P7, the approval of appointment of the petitioner as L.D. Clerk in SNT Higher Secondary School, Punalur has been approved with effect from 1.2.2006. The petitioner has already received salary in the scale of pay applicable to L.D. Clerk from 1.7.2008 onwards and is yet to receive the difference in salary between 1.2.2006 to 30.6.2008. It is pointed out that the second respondent is insisting that the petitioner should refund the entire salary received in the scale of Laboratory Assistant for disbursing the salary that is due to the post of L.D. Clerk. It is submitted 2 by the learned counsel for the petitioner that the said exercise is not required, especially in the light of Ext.P8 judgment of this court passed in a similar case. 2. The petitioner was receiving salary in the scale of Laboratory Assistant as per Ext.P4 interim order. Therefore, there is no justification in directing the petitioner to refund the same and claiming it again from the third respondent. The difference in the scale of pay that is applicable to the two posts should be worked out and the remaining amount could be disbursed to the petitioner. What is required is only an adjustment in the records of the two offices. 3. Therefore, respondents 2 and 3 will take appropriate action in the matter within a period of three weeks and disburse the balance amount due to the petitioner within a period of one month from today. The petitioner will produce a copy of the order before respondents 2 and 3 for compliance.” Now the counsel for the petitioner and the learned Government Pleader submit that the writ petition can be disposed of in terms of the interim order. Ordered accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge