IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 17892 of 2006(E) ---------------------------------------- PETITIONER(S): ----------------------- SOMAN. N, S/O.NARAYANAN. N.A, P.D.TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, MAMALASSERY, REMAMANGALAM, MUVATTUPUZHA, (NADUPARAMBIL HOUSE, KAKKOOR. P.O, KOOTHATTUKULAM). BY ADV. SRI.K.A.SHAMSUDEEN, SRI.K.I.ABDUL RASHEED. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY OF DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-30. 3. THE HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, MAMALASSERY, RAMAMANGALAM, MUVATTUPUZHA. R1 TO R3 BY GOVT. PLEADER MR.V.T.K. MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 17892/2006-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. NO. 9125/99 DATED 06/04/1999. EXT.P2: COPY OF THE GOVERNMENT ORDER DATED 17/06/1999. EXT.P3: COPY OF THE GOVERNMENT ORDER ISSUED DATED 06/08/1999. EXT.P4: COPY OF THE GOVERNMENT ORDER DATED 09/11/1999. EXT.P5: COPY OF THE GOVERNMENT ORDERS DATED 27/06/2000. EXT.P6: COPY OF THE JUDGMEN IN W.A. NO. 1578/2003 DATED 29/09/2003. EXT.P7: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 14/12/2005. EXT.P8: COPY OF THE INTERIM ORDER ISSUED BY THIS HONOURABLE COURT IN WP(C) NO. 3407/2005 DATED 02/02/2005. EXT.P8(a): COPY OF THE INTERIM ORDER ISSUED BY THIS HONOURABLE COURT IN WP(C) NO. 15281/2006 DATED 21/06/2006. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE LETTER NO.40639/L3/06/G.EDN. DATED 30/12/2009. //TRUE COPY// P.A. TO JUDGE rs T.R.RAMACHANDRAN NAIR, J * * * * * * * * * * * * * W.P.C.No.17892 of 2006 ---------------------------------------- Dated this the 25th day of January 2011 J U D G M E N T The petitioner is aggrieved by Ext.P7 order by which certain benefits granted to him were directed to be refunded. 2. It is the case where the petitioner was having aided school service before entering service in the General Education Department as P.D.teacher on 19/08/1977. His aided school service is from 17/7/1972 to 08/08/1977. 3. The Government passed a common order with respect to the petitioner and similarly placed persons as per Ext.P3 whereby sanction was accorded for reckoning the approved aided school service coming under the direct payment scheme prior to entry in Government service for all service benefits including pension. The name of the petitioner is shown there. It appears that, thereafter, the Government cancelled the same as per Ext.P5 order. Similarly placed persons approached this Court and by Ext.P6 the Division Bench upheld Ext.P5 order; but held that no recovery can be effected with respect to the amounts already paid. W.P.C.No.17892 of 2010 2 4. It was held by the Division Bench therein that it may not be possible for the poor teachers to refund the money which they had drawn and utilised quite some time back. It appears that since the petitioner was not a party to that judgment, Ext.P7 order has been passed to recover the amounts from him. 5. Heard the learned counsel for the petitioner and the learned Government Pleader. The learned counsel for the petitioner submits that the amount received in excess has been ordered to be refunded by the petitioner, without any justification. The petitioner, in the meanwhile, had retired from service on 31/03/2010; but the DCRG has been withheld in the light of the recovery ordered. Evidently, the petitioner is also similarly placed with all the parties who are respondents in W.A.No.1578/2003. Therefore, the same reasons will apply in the case of the petitioner also. The petitioner was granted the benefit based on Ext.P3 Government Order. Of course, the same was cancelled by Ext.P5; but still, as the benefits have been disbursed in the meanwhile, as held by the Division Bench, the petitioner is also not liable to refund the amount already drawn. In that view of the matter, I respectfully follow the decision W.P.C.No.17892 of 2010 3 taken by the Division Bench of this Court in Ext.P6. 6. Therefore, the writ petition is disposed of. Ext.P7 order is quashed. But, it is made clear that the petitioner will not be entitled to fixation of benefits based on Ext.P3 order. The DCRG benefits withheld will be released to the petitioner within a period of two months. (T.R.RAMACHANDRAN NAIR, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.17892 of 2010 4 W.P.C.No.17892 of 2010 5 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011