IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 OP.No. 9698 of 2003(D) ---------------------- PETITIONERS: ------------ 1. JOSE THOMAS, HSA, GOVT.GANAPATH BOY'S HIGH SCHOOL, CHALAPPURAM, KOZHIKODE. 2. CHANDRASEKHARAN, HSA, DO. DO. 3. M.N.USHAKUARI, HSA, R.E.C. HIGHER SECONDARY SCHOOL, CHATHAMANGALAM, KOZHIKODE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, KERALA. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. BY GOVERNMENT PLEADER SRI.K. SANDESH RAJA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.16798 OF 2003 IN OP.NO.9698 OF 2003-D DISMISSED 6.2.2008 SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF THE RELEVANT EXTRACT OF 1988 PAY REVISION G.O.(P) BO.480/89/FIN DTD 1.11.89. EXT.P2 COPY OF THE RELEVANT EXTRACT OF ORDER G.O.(P)NO.600/93/FIN DTD 25.9.93. EXT.P3 COPY OF THE RELEVANT EXTRACT OF G.O.(P) NO.3000/98/FIN DTD 25.11.98. EXT.P4 COPY OF THE AUDIT OBJECTION NO.AW1(1) 296/2000 DTD 31.7.02. EXT.P5 COPY OF THE REPLY DTD 10.9.02 SUBMITTED BY THE 1ST PETITIONER TO R1. EXT.P6 COPY OF THE REPLY DTD 10.9.2002 SUBMITTED BY THE 3RD petitioner TO R1. EXT.P7 COPY OF THE G.O.(MS) NO.463/68/EDN DTD 26.10.68. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.9698 OF 2003-D -------------------------------------------------------------- Dated this the 6th day of February, 2008. JUDGMENT The petitioners are High School Assistants in the service of the State Government. Prior to their appointment in the State service, they were working as High School Assistants in the aided schools. The petitioners are aggrieved by the denial of weightage for the service rendered by them in aided schools for the purpose of pay fixation pursuant to Ext.P3 Government Order dated 25.11.1998 and the steps taken to recover the excess payment given to them. 2. The very same issue arose for consideration of this Court in W.A.No.288/05. By judgment delivered on 15.2.2007 a Division Bench of this Court held that persons like the petitioners are not entitled to reckon aided school service for claiming weightage in terms of Ext.P3 Government Order. The Division Bench also held in the said decision that if there was an error in the re-fixation pursuant to pay revision, recovery can be effected from the beneficiaries relying on the undertaking given by them at the time of pay fixation. OP.No.9698/2003 . 2 After hearing the learned counsel appearing for the petitioners and the learned Government pleader appearing for the respondents, I am of the opinion that the issue raised in this original petition is squarely covered against the petitioners by the decision of a Division Bench of this Court in W.A.No.288/2005. In the light of the said decision, the original petition fails and it is dismissed. No costs. P.N. RAVINDRAN, JUDGE. cl OP.No.9698/2003 . 3 P.N. RAVINDRAN, J. O.P.NO.9698 OF 2003-D JUDGMENT 6th February, 2008.