IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1932 WP(C).No. 26518 of 2010(L) -------------------------- PETITIONER(S): --------------- T.P.SUJATHA, RETIRED REGIONAL AUDIT OFFICER, REGIONAL AUDIT OFFICE, KERALA STATE ELECTRICITY BOARD, ERNAKULAM, RESIDING AT "ARCHANA", 50/456 A, MANIMALA CROSS ROAD,, EDAPPALLY P.O., KOCHI-24. BY ADV. SRI.S.RAMESH BABU RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUDHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE ACCOUNTS OFFICER, PAY FIXATION, K.S.E. BOARD, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, KSEB, ELECTRICAL CIRCLE, P.H.ROAD, KOCHI-18. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 TO R3 SRI.K.S.ANIL, SC, KSEB FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 26518/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.24.5.2000. P2. COPY OF THE LETTER DTD.22.11.08 FROM R3. P3. COPY OF THE JUDGMENT IN W.P.(C).No. 1368/2009. P4. COPY OF THE REPLY DTD.6.1.2010. P5. COPY OF THE ORDER DTD.21.5.2010. P6. COPY OF THE JUDGMENT IN W.A.NO.2662/01 OF THIS COURT. P7. COPY OF THE ORDER DTD.6.1.2011. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 26518 of 2010 ================== Dated this the 22nd day of March, 2011 J U D G M E N T The petitioner retired from the services of the Kerala State Electricity Board on 30.11.2008. By Ext.P2, the petitioner was informed that the third higher grade granted to her on 11.2.2000 has been objected to in audit and, therefore, the petitioner was called upon to refund the amount of ` 2,05,985/- being the excess salary drawn by the petitioner on account of the irregularly granted third higher grade. The petitioner approached this Court by challenging the same and obtained a judgment dated 11.12.2009 directing to treat Ext.P2 as a notice permitting the petitioner to file reply with a direction to the 3rd respondent to pass final orders in the matter. Although the petitioner filed Ext.P4 reply, the petitioner's contentions were rejected. The petitioner's retirement benefits are also withheld because of the same. The petitioner seeks the following relief: “issue a writ of certiorari calling for the records leading upto Ext.P2 and P5 as also the audit objection mentioned in Ext.P2 and quash the same.” 2. The petitioner now submits that subsequent to the filing of the writ petition, the Electricity Board has, by Ext.P7 order, waived the audit objections and, therefore, the said amount cannot be recovered from the petitioner now. w.p.c.26518/10 2 3. The learned standing counsel for the Electricity Board does not dispute the fact that, by Ext.P7, the audit objections against the petitioner have been waived. That being so, there cannot be any difficulty in releasing the retirement benefits due to the petitioner taking into account Ext.P7 order. It shall be done, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge