IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 22861 of 2009(C) -------------------------------- PETITIONER: -------------- M.V.MARY, AGED 61 YEARS,W/O.V.A.GEORGE, VADAKKUMCHERRY HOUSE, PARAKADAVU P.O., ERNAKULAM DISTRICT, WORKED AS L.P. SCHOOL ASSISTANT IN KERALA AGRICULTURAL UNIVERSITY HIGH SCHOOL, VELLANIKKARA, THRISSUR. BY MR.VARGHESE.J.PUNNACHALIL, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THRISSUR, REP.BY ITS REGISTRAR. 3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY,THRISSUR. 4. THE MANAGER, KERALA AGRICULTURAL UNIVERSITY HIGH SCHOOL, VELLANIKKARA,THRISSUR. 5. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, OFFICE OF THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,THRISSUR. 6. THE DIRECTOR OF LOCAL FUND AUDIT, OFFICE OF THE DIRECTOR OF LOCAL AUDIT, VIKAS BHAVAN,THIRUVANANTHAPURAM. BY MR. MUHAMOOD T.T., SR. GOVERNMENT PLEADER. MR. K.P. MUJEEB, SC, AGRICULTURAL UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28261 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009. JUDGMENT The petitioner herein was appointed as L.P.S.A. in the school managed by the Agricultural University. The appointment was made by a selection committee constituted by the University. Ext.P1 shows that the scale of pay offered is Rs.390-685. This was revised to Rs.740-1245. The said scale was received by the petitioner till 28.2.1997. Thereafter, there was a further revision of pay at par with the scale of pay of LPSA in Government schools. The petitioner retired from service on 31.3.2004. 2. The pensionary benefits of the petitioner were sanctioned as per Ext.P2. An audit objection was raised regarding the fixation of pay granted to the petitioner at time of her appointment. An amount of Rs.30,000/- is withheld as liability against the petitioner, going by Ext.P3. 3. In fact, the audit objection appears to be that the scale of Rs.740- 1245 sanctioned to various teachers including the petitioner is on a higher scale compared to the scale of pay of Government school L.P.S.A. 4. A similar issue was considered by this court in Ext.P5 judgment in W.P.(C) No.9537/2009. This court took the view that in the absence of any wpc 22861/2009 2 competent order, whereby the University was obliged to adopt the same scale of pay as that was relevant in the Government schools at the same point of time, the objection cannot be sustained. The judgment of this court in W.P.(C) No.4491/2009 was also considered while rendering the said judgment. It is clear that the pay scales were refixed by the University in terms of competent orders which was being revised from time to time. In that view of the matter, the audit objection cannot survive. 5. Therefore, the proceedings Ext.P3 to the extent which Rs.30,000/- is withheld, cannot be sustained. It is declared that the petitioner is entitled for the scale of pay as fixed by the University. There will be a direction to refix the pensionary benefits in the scale of pay that was being enjoyed by the petitioner and the same will be disbursed along with the withheld amount, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/