IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 6730 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------ KAMALA THAYYIL, HSA, AKG MGHSS, PINARAYI, PINARAYI P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------------------- 1. THE HEADMASTER, AKG MGHSS, PINARAYI, PINARAYI P.O, KANNUR DISTRICT-670 021. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670 001. 3. THE ACCOUNTANT GENERAL (AUDIT), TRICHUR-680 001. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 5. STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R2 TO R5 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6730 OF 2011 --------------------------------------- Dated this the 4th day of March, 2011. J U D G M E N T The writ petitioner is seeking for a direction to the Government to take a decision on Exhibit P6 representation filed by the petitioner to drop the audit objections and also to permit the petitioner to exercise reoption to cure the irregularities, if any. 2. The petitioner is working as HSA (Natural Science) in AKG MGHSS, Pinarayi. It is stated that the 3rd respondent on 01.08.2006 raised an objection regarding the irregular fixation of pay in respect of the petitioner. An over payment of pay and allowances of Rs.18,425/- for the period from 01.03.1997 to 01.08.2006 was noticed therein. This was contested by the petitioner by filing Exhibit P1 representation. Later, the 1st respondent directed the petitioner to refund an amount of Rs.37,833/- allegedly received in excess towards pay and allowances from 01.03.1996 to 30.09.2009. W.P.(C) No.6730/2011 2 3. The 4th respondent rejected the representation as per Exhibit P3 order. Again the petitioner was directed to refund an amount of Rs.1,03,872/- as per Exhibit P5. It is pointed out that the petitioner is not liable to pay such an amount and accordingly, the petitioner has filed Exhibit P6 representation before the Government. There will be a direction to the 5th respondent to take a decision on Exhibit P6 representation, after hearing the petitioner, within a period of five months from the date of receipt of a copy of this judgment. The recovery, if any, will be kept in abeyance during the above period. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp