IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 37072 of 2004(L) ---------------------------------------- PETITIONER(S): ------------------------- LEELA DEVI K.R., W/O. K.T.M.SANKARANARAYANAN NAMBOODIRIPAD, AGED 54 YEARS, HEADMISTRESS, GOVERNMENT HIGH SCHOOL, THEKKEKKARA, KUTTANAD EDUCATION DISTRICT, ALAPPUZHA. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMSA. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A&E) KERALA, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD, ALAPPUZHA. R1 TO R4 BY GOVERNMENT PLEADER SRI.SHIBU JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37072/2004 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE STATEMENT OF FIXATION DTD. 25/01/1999. P2: COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK DTD. NIL. P3: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 03/11/2004. P4: COPY OF THE ANNEXURE III RULES FOR FIXATION OF PAY IN THE REVISED SCALES DTD. NIL. P5: COPY OF THE APPENDIX III SPECIAL CATEGORIES SERVICE RECKONED FOR WEIGHTAGE DTD. NIL. P6: COPY OF THE JUDGMENT IN O.P.NO.24702/2002 N DTD. 17/11/2003. P7: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 10/11/2004. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 37072 of 2004 - - - - - - - - - - - - - - - - Dated this the 15th day of November, 2011. JUDGMENT Petitioner was working as Headmistress of Government High School, Thekkekara in Kuttanad Educational District. Prior to the High School Service, the petitioner has got primary school service also. The petitioner has worked as LPSA from 04.06.1974 to 07.09.1978 and as HSA from 08.09.1978 to 31.05.1997. The petitioner was also granted revised scale counting the aided school service. There is an audit objection to the effect that while fixing the pay of the petitioner, the services rendered by the petitioner in the aided school should not have been counted. Hence, the direction to recover the amount paid excess to her. The learned counsel for the petitioner relied on the decision of this Court reported in 2008 (3) KLT 188 – Narayanan v. State of Kerala in which it is held that earlier granted pay of Headmaster counting prior service in the aided school cannot be recovered and reduction of pay ordered on the basis of audit objection after a long time is illegal. Therefore, following the aforesaid decision, Ext.P3 is quashed. It is directed that there shall be no recovery from the petitioner in pursuance of the audit objection. Accordingly, this writ petition is allowed. No costs. sd/- B.P. RAY, JUDGE. rv O.P. No. -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 O.P. No. -:3:- ------------------------------------------------------------- Dated this the15th day of November, 2011. JUDGMENT