IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34046 of 2008(C) ------------------------------- PETITIONER(S): --------------- JOHNSON PURAVAKATTU AGRICULTURAL OFFICER, IDUKKI DISTRICT AGRICULTURAL FARM, ARIKUZHA, THODUPUZHA, IDUKKI. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): ------------------ 1. DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. PRINCIPAL AGRICULTURAL OFFICER DISTRICT AGRICULTURAL OFFICE, CHEMBUKKAVU, THRISSUR-20. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.34046 of 2008 ====================================== Dated this the 19th day of November 2008 JUDGMENT Heard Dr.K.P.Satheesan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Agricultural Officer in Idukki District. While the petitioner was working in Thrissur District, one of the employees in his office continued in service beyond the age of retirement. Steps were therefore taken to recover the salary and allowances paid to her after the date on which she attained the age of superannuation from the petitioner and his predecessor. Aggrieved by the said proceedings, the petitioner has moved the Director of Agriculture by Exts.P3 and P5 representations. In this writ petition the petitioner inter alia prays for a direction to the Director of Agriculture to consider Exts.P3 and P5 appeals and take a decision thereon within a time limit to be fixed by this Court. The petitioner also prays that till the Director takes a decision on Exts.P3 and P5, the recovery proposed in Exts.P2 and P4 may be kept in abeyance. 3. The question whether the petitioner is liable to compensate W.P.(C)No.34046/2008 2 the Government for the excess salary paid to the employee, is essentially a matter for the Director of Agriculture to decide at least in the first instance. Exts.P3 and P5 disclose that the petitioner has already moved the Director of Agriculture challenging the decision taken by the Principal Agricultural Officer, Thrissur. In these circumstances, I dispose of the writ petition with a direction to the Director of Agriculture to consider and pass orders on Exts.P3 and P5 representations, after affording the petitioner an opportunity of being heard. This shall be done within three months from the date of receipt of a copy of this judgment. Till such time, the recovery pursuant to Exts.P2 and P4 shall be kept in abeyance. P.N.RAVINDRAN, JUDGE css/