IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22795 of 2011(Y) -------------------------- PETITIONER(S): --------------- P.RAVEENDRADAS, L.D.CLERK,AEO'S OFFICE, MANNARKKAD,PALAKKAD DISTRICT. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,TRIVANDRUM. PIN 695 001. 2. ASSISTANT EDUCATIONAL OFFICER (AEO), OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD PIN 678 762. 3. DEPUTY DIRECTOR OF EDUCATION (DDE), OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD PIN 678 001. BY SMT.SMITHA SUKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22795 of 2011(Y) APPENDIX PETITIONER'S ANNEXURES: EXT.P1 : TRUE COPY OF THE SHOW CAUSE NOTICE DATED 6.10.2007 ISSUED B Y THE THIRD RESPONDENT TO THE HEAD MASTER OF GHSS, ALANALLUR EXT.P2 : TRUE COPY OF COMMUNICATION DATED 28.11.2007 IN THIS REGARD SENT BY THE HEAD MASTER OF GHSS, ALANALLUR TO THIRD RESPONDENT EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 10.10.2008 SUBMITTED BY PETITIONER TO THE FIRST RESPONDENT EXT.P4 : TRUE COPY OF COMMUNICATION DATED 17.12.2010 ENCLOSING THE EXTRACT OF THE AUDIT OBJECTION SENT BY 3RD RESPONDENT TO 2ND RESPONDENT. EXT.P5 : TRUE COPY OF COMMUNICATION DATED 17.5.2011 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXT.P6 : TRUE COPY OF THE APPEAL/REPRESENTATION OF THE PETITIONER TO THE 1ST RESPONDENT DATED 12.5.2011 EXT.P7 : TRUE COPY OF THE REPRESENTATION DATED 21.6.2011 SUBMITTED BY THEPETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE 1ST AND 3RD RESPONDENT EXT.P8 : TRUE COPY OF THE COMMUNICATION DATED 18.7.2011 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 22795 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August, 2011 J U D G M E N T The petitioner commenced his service under the General Education Department as Peon on 36.6.1975. Subsequently, he was promoted as Lower Division Clerk on 28.4.1983. In 2006, the petitioner was informed that an audit objection was raised with respect to the re-fixation of his pay effected in 1993 while the petitioner was working in ITDP at Attapady. Subsequently, the respondents have initiated steps to effect recovery based on the said audit objection. However, no decision was taken thereon. Exts.P6 and P7 are the representations submitted by the petitioner to redress the grievance against the re-fixation of pay. It is still pending consideration before the respondents. In the meanwhile, the respondents are resorting steps to effect recovery. It is in the said circumstances that this writ petition has been filed. Obviously, the re-fixation in question was effected in the year 1993. The audit objection was raised in the year 2006. Since the petitioner has already approached the respondents raising his WPC.22795/2011 : 2 : grievances as also the contentions against the said proposal and also for waiving the audit objection, I do not think it necessary to consider all those aspects on merits at this stage. In the said circumstances this writ petition is disposed of with a direction to the respondents to consider Exts.P6 and P7, expeditiously, at any rate, within a period of two months from the date of receipt of copy of this judgment. However, in the meanwhile, the respondents shall not effect any coercive steps for effecting recovery pursuant to the aforesaid audit objection. Sd/- (C.T. RAVIKUMAR, JUDGE) //TRUE COPY// P.A. TO JUDGE jma