IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 20560 of 2007(V) -------------------------- PETITIONER(S): ------------------- 1. C.K.BHARGAVI, HIGH SCHOOL ASSISTANT (MALAYALAM), P.G.M.PANCHAYATH HIGH SCHOOL, CHERUVANCHERRY, KANNUR DISTRICT. 2. K.MAMAD, HIGH SCHOOL ASSISTANT (ARABIC), P.G.M.PANCHAYATH HIGH SCHOOL, CHERUVANCHERRY, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, THALASSERY 3. HEADMASTER, P.G.M.PANCHAYATH HIGH SCHOOL CHERUVANCHERRY, KANNUR DISTRICT. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20560/07 APPENDIX PETITIONERS EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE ANNEXURE-III OF G.O(P) NO.3000/98/FIN. DT 25.11.98. EXT.P2(a): TRUE PHOTOCOPY OF THE FIXATION STATEMENT DT 23.6.99. EXT.P2(b): TRUE PHOTOCOPY OF THE FIXATION STATEMENT DT 23.6.99. EXT.P3: TRUE PHOTOCOPY OF THE OBJECTION DT 21.11.2002 RAISED BY THE 2ND RESPONDENT IN THE CASE OF THE PETITIONERS AND OTHER TEACHERS IN THE SCHOOL. EXT.P4: TRUE PHOTOCOPY OF THE CIRCULAR NO.59151/J2/2000/G.EDN. DT 17.5.2002 ISSUED BY THE 1ST RESPONDENT. EXT.P5: TRUE PHOTOCOPY OF THE JUDGMENT DT 7.8.06 IN WPC NO.20914/03 OF THIS HON'BLE COURT. EXT.P6(a): TRUE PHOTOCOPY OF THE CHALAN DT 29.8.05. EXT.P6(b): TRUE PHOTOCOPY OF THE CHALAN DT 29.8.05. EXT.P7: TRUE PHOTOCOPY OF THE JUDGMENT DT 28.2.07 IN WPC NO.24973/06 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 20560 OF 2007 V ==================== Dated this the 14th day of October, 2008 J U D G M E N T Petitioners are language teachers. 2. Following Ext.P1, by Ext.P2, pay of the petitioners were stepped up to the level of the pay of their junior. That was objected by audit as per Ext.P3, wherein reliance was placed on Ext.P4 circular. As a result of Exts. P3 and P4, the monetary benefit of stepping up given to the petitioners by Ext.P2 as early as in June, 1999 was recovered from the petitioners and this is evidenced by Ext.P6 series. Consequently, there has been reduction in their pay. It is challenging Ext.P3, and the recovery effected as per Ext.P6 and for a direction to refund the amount recovered and for stepping up the pay, the writ petition has been filed. 3. Counsel for the petitioners mainly rely on Exts. P5 and P7 judgments rendered by this Court in identical circumstances. It is seen from Ext.P5 judgment in WP(C) No.20914/03 that in a case where pay was stepped up, relying on Ext.P4 clarification, that was objected and consequently recovery was ordered and pay was also scaled down. That was interfered by this Court taking the view that the circular cannot amend Ext.P1. This judgment has been followed and relief has been WPC 20560/07 :2 : granted to the petitioners in Ext.P7 judgment in WP(C) No.24973/06 also. Therefore, on going through these judgments, I am satisfied that the case of the petitioners are covered by the principle adopted by this Court in Exts. P5 and P7 judgments. In view of this, the petitioners are entitled for similar reliefs. 4. Accordingly, Ext.P3 will stand quashed and there will be a direction to the respondents to refund the amount recovered from the petitioners as per Ext.P6 series and to restore the pay as stepped up in Ext.P2. The 2nd respondent shall pass necessary consequential orders, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Petitioners shall produce a copy of this judgment before the respondents for compliance. Writ petition is allowed. ANTONY DOMINIC, JUDGE Rp