IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 8925 of 2011(M) ------------------------------- PETITIONER: -------------- K.N.SADANANDAN, S/O.K.A.NARAYANAN, AGED 57 YEARS, CLERK (RETIRED), S.N.HIGHER SECONDARY SCHOOL, OKKAL (RESIDING AT KURAVUMPADATH OKKAL, PERUMBAVOOR-683550. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM-686691. 3. THE HEADMASTER, S.N.HIGHER SECONDARY SCHOOL, OKKAL-683550, PERUMBAVOOR. ADDL. R4. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM – 695 014. ADDL. R5. THE ACCOUNTANT GENERAL (A& E) KERALA THIRUVANANTHAPURAM – 695 039. (ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER IN I.A.No.12248/2011 DTD. 29.07.2011) BY ADV. SMT.S.KARTHIKA FOR R3 SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.8925/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(Ms) No.16/2010/G.EDN. OF GOVT. DTD. 18.1.10. EXT. P2 : COPY OF JUDGMENT OF THIS COURT IN WP(C) 10448/08 DTD. 15.2.10. EXT. P3 : COPY OF ORDER No.B2/757/10/K.DIS OF DISTRICT EDUCATIONAL OFFICER DTD. 9.6.10. EXT. P4 : COPY OF SUBMISSION OF PETITIONER DTD. 15.6.10. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8925 OF 2011 --------------------------------------- Dated this the 29th day of July, 2011. J U D G M E N T The petitioner retired from the service of the S.N.Higher Secondary School, Okkal as Clerk. Initially the petitioner commenced his service as Clerk on 15.07.1974. He was granted Higher Grade in the scale of Rs.740-1245 with effect from 16.09.1985 and was granted Senior Grade and Selection Grade on completion of 20 and 23 years of service respectively. 2. An audit objection was raised with regard to the pay fixation stating that the petitioner was not test qualified which was challenged in W.P.(C) No.10448/2008. The Government passed Ext.P1 order whereby the persons appointed prior to 19.11.1994 as aided school Clerks were exempted from passing the test. Recording the same, the writ petition was disposed of by Ext.P2 judgment. Thereafter, by Ext.P3 order of the Personal Assistant to the District Educational Officer, the pay fixation originally granted to the petitioner was restored. W.P.(C) No.8925/2011 2 3. The grievance raised in this writ petition is that the benefits flowing from Ext.P3 have not been fully paid to the petitioner. When the matter came up for hearing on 24.06.2011, learned Government Pleader submitted that the Headmaster has re-presented the bills after curing the defects and that the Director of Public Instruction will have to conduct a pre audit for releasing the amount. 4. Today, the learned counsel for the petitioner sought for impleading the Director of Public Instruction as the additional 4th respondent as well as the Accountant General (A&E) as additional 5th respondent. The said application I.A.No.12248 of 2011 for impleading has been allowed. In the light of the facts stated above, there will be a direction to the additional 4th respondent to conduct a pre-audit for releasing the financial benefits to the petitioner and complete the process within a period of two months from the date of receipt of a copy of this judgment and due intimation will be given to the Accountant General. Since action has also to be taken by the Accountant General, the same will be done within a W.P.(C) No.8925/2011 3 period of one month thereafter. The petitioner will forward a copy of this judgment along with a copy of the writ petition to the additional respondents 4 and 5 for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp