IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 24677 of 2009(D) -------------------------- PETITIONER(S): ---------------------- K.CHANDRAN, (RETIRED SENIOR SUPERINTENDENT, GOVERNMENT ARTS& SCIENCE COLLEGE, KOZHIKODE-18), USHUS, PUTHUR P.O., KODUVALLY, KOZHIKODE, PIN -673 572. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 033. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE - 673 001. 4. ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM, PIN - 695 039. GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 24677 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :-Copy of the Verification Report No.P.R2100824453/P-18/5/1808038892/ 70635349/B dated 4.9.2008 of the Office of the Accountant General (A&E), Kerala, Thiruvananthapuram. Ext.P2 :- Copy of the order No.A1.7068/99 dated 25.10.99 of the Deputy Director of Collegiate Education, Kozhikode. Ext.P3 :- Copy of the letter No.OA (HQ) IV/III/12-367/01-02 dated 7.12.2001 of the Deputy Accountant General (Civil), Office of the Accountant General (Audit), Kerala, Branch-Thrissur. Ext.P3(a) :- Copy of the relevant extract of the enclosed Audit Report. Ext.P4 :- Copy of the letter No.A1/6955/2008 dated 27.2.2009 addressed to the Director of Collegiate Education, the Deputy Director of Collegiate Education, Kozhikode. Ext.P5 :- Copy of the representation dated 23.5.2009 was submitted by the petitioner to the Director of Collegiate Education. Ext.P6 :- Copy of the letter No.J3/31948/2008/Coll.Edn.dated 22.6.2009 addressed to the Deputy Director of Collegiate Education, Kozhikode. Ext.P7 :- Copy of the order No.A1/6955/08 dated 29.6.2009 the Deputy Director of Collegiate Education, Kozhikode. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge K.T.SANKARAN, J. ------------------------------ W.P.(C).No.24677 OF 2009 ------------------------------ Dated this the 10th day of November, 2010 JUDGMENT The petitioner retired from service on superannuation on 31.5.2008, while working as Senior Superintendent, Government Arts & Science College, Kozhikode. Anomaly in the fixation of pay of the petitioner and three other Upper Division Clerks in the Department of Collegiate Education was rectified by the Deputy Director of Collegiate Education, Kozhikode as per Ext.P2 order dated 25.10.1999. The salary of the petitioner was stepped up to that of his junior. 2. In Ext.P3 communication dated 7.12.2001, the Accountant General raised an objection as evidenced by Ext.P3(a) that the stepping up of pay was made by the Deputy Director of Collegiate Education and that order has to be ratified by the competent authority. The order of stepping up of the pay should have been passed by the appointing W.P.(C).No.24677 OF 2009 2 authority, namely, Director of Collegiate Education. In the present case, Ext.P2 order was passed by the Deputy Director of Collegiate Education. 3. The Deputy Director of Collegiate Education, Kozhikode addressed Ext.P4 letter dated 27.2.2009 to the Deputy Director of Collegiate Education, Vikas Bhavan, Thiruvananthapuram, pointing out the objection raised by the Accountant General and requesting that Ext.P2 order of stepping up of the pay of petitioner and others may be ratified by the Director. However, no steps were taken by the Director for ratification. On the other hand, as per Ext.P6, the Director of Collegiate Education directed the Deputy Director to cancel the stepping up order issued in favour of the petitioner. As per Ext.P7 proceedings dated 29.6.2009, the Deputy Director of Collegiate Education, Kozhikode, cancelled Ext.P2 order in compliance with Ext.P6 order issued by the Director. Exts.P6 and P7 are W.P.(C).No.24677 OF 2009 3 under challenge in this Writ Petition. 4. The learned counsel for the petitioner produced a copy of the communication dated 30.10.2009 issued from the office of the Accountant General(Audit) to the petitioner, which reads as follows: “With reference to the letter cited it is informed that this office is not pursuing the objection communicated as per this office letter No.OA(HQ)IV/III/12-367/01- 02/680 dated 01.12.01; regarding the stepping up of pay to that of your juniors. The Director of Collegiate Education, Thiruvananthapuram was requested to pursue the matter vide this office letter No.OA(HQ) IV/I/Gl/07-08/4 dated 08.04.08. You may please contact him for further necessary action.” 5. The letter is taken on record in the Writ Petition. 6. In view of the letter dated 30.10.2009, the cancellation of Ext.P2 order by Ext.P7 becomes unnecessary. The stepping up order made as per Ext.P2 was cancelled by the Deputy Director. It W.P.(C).No.24677 OF 2009 4 was done as per Ext.P7 order, on the basis of the direction issued by the Director in Ext.P6. Now, the audit objection is withdrawn. At the same time, the stepping up given to the petitioner remains cancelled as per Ext.P7. 7. For the aforesaid reasons, Exts.P6 and P7 are quashed. Though, technically speaking, the stepping up should have been done by the Director of Collegiate Education, in view of the passage of time, it was only proper that the Director of Collegiate Education ratified Ext.P2 order dated 25.10.1999 passed by the Deputy Director of Collegiate Education. Accordingly, there will be a direction to the Director to ratify Ext.P2 order dated 25.10.1999. The Director shall pass an order of ratification within a period of one month. Non liability certificate/liability certificate shall be issued by the Director within a period of two weeks W.P.(C).No.24677 OF 2009 5 thereafter. Depending on the non liability certificate/liability certificate, the DCRG due to the petitioner shall be disbursed as expeditiously as possible and at any rate, within two months thereafter. K.T.SANKARAN, JUDGE. cms