IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 3197 of 2006(E) ---------------------- PETITIONER : --------------------- SHAJI B., LIBRARIAN, M.P.M.M. S.N. TRUST COLLEGE, SHORANUR. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE DEPARTMENT OF COLLEGIATE EDUCATION, TRIVANDRUM. 2. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR. 3. THE PRINCIPAL, M.P.M.M. S.N. TRUST COLLEGE, SHORANUR. R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKKATH R3 BY ADV. SRI. A.N. RAJAN BABU, SC, S.N.TRUST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 3197 of 2006(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER NO. G.O.(P) NO. 3000/98/FIN. DATED 25.11.1998. EXT.P2 : COPY OF THE CERTIFICATE ISSUED FROM THE UNIVERSITY DT. 10.9.2004. EXT.P3 : COPY OF THE ORDER NO. ESTT.A3-4170/05/K.DIS DT.18.8.05 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION TRISSUR. EXT.P4 : COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DT. 17.12.2005. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.3197 OF 2006 ---------------------------------------------- Dated this the 8th day of July, 2011 JUDGMENT The petitioner is a Librarian Gr.IV in an aided college. On completion of ten years of service in accordance with Ext.P1 pay revision order, the petitioner was granted the scale of pay of Librarian Gr.III as ten year time bound higher grade. Later on it was sought to be cancelled on the ground that since there is no post of Librarian Gr.III in that College, the petitioner is entitled to only the intermediate scale of pay as higher grade and seeking to recover the excess amounts drawn by the petitioner as higher grade. The petitioner challenges the same. But, the petitioner submits that in view of subsequent events, the petitioner has become entitled to UGC scale of pay and therefore the question raised in this writ petition has become academic. The only thing that remains to be considered is as to whether the excess amount drawn by the petitioner can be recovered from the petitioner. The learned counsel for the petitioner submits that the petitioner is entitled to UGC arrears and the petitioner would W.P.(C)No.3197/06 2 be entitled to the same only after deduction of the excess amount paid to him on account of the wrong fixation in the higher grade. In the above circumstances, this writ petition is disposed of making it clear that the excess amount drawn by the petitioner on account of the irregular fixation of pay on grant of higher grade can be recovered by deducting the same from the UGC arrears due to the petitioner. If UGC arrears are not due or is not sufficient to cover the excess amount, it would be open to the respondents 1 and 2 to recover it from the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.3197/06 3 W.P.(C)No.3197/06 4