IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 6309 of 1999(A) ---------------------- PETITIONER: ------------ J. BHARATHI AMMA, UPPER PRIMARY SCHOOL ASSISTANT (RETIRED) PAYIKKATTU VEEDU, MAVADY (P.O.) KOTTAARAKKARA. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KULAKKADA, KOTTARAKKARA (VIA) 2. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 3. THE DEPUTY DIRECTOR (EDUCATION), KOLLAM, 4. THE ACCOUNTANT GENERAL (KERALA), TVM. 5. THE SUB TREASRY OFFICER, KOTTARAKKARA. BY GOVERNMENT PLEADER SHRI V.T.K. MOHANAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. /99 DISMISSED. 18/1/2008 SD/- T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX EXT.P1-TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT OBJECTION EXT.P2-TRUE COPY OF THE OBJECTION DATED 16.6.97 SUBMITTED BY THE PETITIONER TO R3 EXT.P3-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENR BEORE THE GOVERNMENT EXT.P4-TRUE COPY OF GO DATED 30.9.1974. EXT.P5-TRUE COPY OF LETTER DATED 2.7.99 ISSUED BY SR. AUDIT OFFICER, AG'S OFFICE. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.6309 of 1999-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2008. JUDGMENT The petitioner was working as U.P.S.A. in S.V.N.S.S. Upper Primary school and she retired from service on 31.3.1997. She joined the said school as an untrained teacher on 13.9.1960 and thereafter she was selected for TTC course for 1962-64 and again after the training was over, she was re-admitted to duty with effect from 12.8.1966 and was granted the first higher grade with effect from 1.7.1980 taking into account her untrained service also. She was given the senior grade with effect from 1.7.1987 and selection grade with effect from 1.7.1993. During the above periods, there was no objection as regards counting of untrained service for the purpose of granting higher grades also. 2. But, by Ext.P1, an audit objection was forwarded by the Asst. Educational Officer against which, the petitioner has filed Ext.P2 representation before the Deputy Director of Education. That was followed by another representation, Ext.P3 submitted to the Government also. The petitioner has approached this court when the entire pensionary benefits were withheld apparently in view of the audit objection that was pursued by -2- the audit party. 3. The petitioner has produced along with I.A. No.1003/2008, Ext.P5 which is a communication issued by the Audit Officer, Indian Audit and Accounts Department, Accountant General (Audit), Kerala, Trivandrum, informing the Deputy Director of Education, Kollam that the objection regarding inadmissible untrained service of the petitioner is not being pursued in the light of G.O.(MS) 76/99/Gen. dated 3.4.1999. Therefore, it is clear that the untrained service of the petitioner can be reckoned for higher grades and there can be no objection in counting the same. 4. In the light of Ext.P5, there will be a direction to the first respondent to take appropriate steps for enabling the petitioner to claim her entire pensionary benefits counting the untrained service also. The same shall be done within a period of three months from the date of receipt of a copy of this judgment and eligible benefits also will be disbursed to her without any further delay. The Original Petition is allowed as above. (T.R. Ramachandran Nair, Judge.) kav/ -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.6309 of 1999-A - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 18th January, 2008.