IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 OP.No. 24541 of 2002(V) --------------------------------- PETITIONER(S): ------------------------ 1. P.S.DHILEEP, WORKING AS SECURITY GUARD, FOREST INDUSTRIES (TRAVANCORE) LIMITGED, ALUVA. 2. K.C.PAULOSE, WORKING AT SECURITY GUARD, FOREST INDUSTRIES (TRAVANCORE) LIMITED, ALUVA. 3. P.G.WILLIAM, WORKING AS SECURITY GUARD, FOREST INDUSTRIES (TRAVANCORE) LIMITED, ALUVA. 4. V.V.KRISHNAN, WORKING AS SECURITY GUARD FOREST INDUSTRIES, (TRAVANCORE) LIMITED, ALUVA. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): -------------------------- FOREST INDUSTRIES (TRAVANCORE) LIMITED, ALUVA. BY SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE SRI.SAJI VARGHESE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.24541/2002 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OF APPOINTMENT OF THE 2ND PETITIONER DTD. 10.5.2002. P2:- COPY OF THE LETTER DTD. 12.8.2002 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 24541 of 2002-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2010. JUDGMENT The petitioners were working as Security Guards under the respondent. Ext.P5 is the true copy of the appointment order in respect of the second petitioner. The other petitioners were also appointed by similar orders. The petitioners were offered the basic pay of Rs.650/- plus D.A. Applicable as per the Company's rules. Accordingly, they were being paid Rs.3,907/-. Later, it was informed by Ext.P2 that the amount will be reduced to Rs.2,610/-, in the light of a Government Circular dated 15.4.2002. 2. It is submitted by the learned counsel for the petitioners that the petitioners were appointed only for 179 days and they are no longer in service also. It is evident from Ext.P2 that the Company had requested the Government to waive the excess amount paid from 12.6.2002 to 31.7.2002. This Court, at the time of admission, had stayed the recovery from them. 3. Now that the petitioners are no longer in service, I find no reason op 24541/2002 2 to uphold recovery of any amount from the petitioners, as they were being paid the salary as offered to them. Therefore, the original petition is allowed. The recovery ordered from the salary of the petitioners, will not be effected. No costs. (T.R. Ramachandran Nair, Judge.) kav/ op 24541/2002 3 T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 24541 of 2002-V - - - - -- - - - - - - - - - - - - - - - - - - - - JUDGMENT 5th day of August, 2010.