IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 29730 of 2005(L) --------------------------------- PETITIONER(S): ------------------- S.PUSHPAKUMARI, AGED 51 YEARS, W/O.PURUSHOTHAMAN, HIGH SCHOOL ASSISTANT (MALAYALAM), GOVERNMENT HIGHER SECONDARY SCHOOL, P.O.PALLIKUNNU-670 004, KANNUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (AUDIT WING), BRANCH OFFICE, THRISSUR. 3. THE HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, P.O.PALLIKUNNU-670 004, KANNUR DISTRICT. BY GOVT. PLEADER SRI. T.K. SHAIJ RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.29730/2005 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AUDIT OBJECTION OF THE 2ND RESPONDENT. P2: COPY OF THE RULES FOR FIXATION OF PAY IN THE REVISED SCALES OF PAY (ANNEXURE III). P3: COPY OF THE COUNTER STATEMENT FILED BY THE PETITINER BEFORE THE 2ND RESPONDENT. P4: COPY OF THE ORDER OF THE 3RD RESPONDENT. P5: COPY OF THE JUDGMENT IN O.P. NO.24702/2002 OF THIS HONOURABLE COURT. P6: COPY OF THE INTERIM ORDER IN WPC. NO.24544/2005. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 29730 of 2005 - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2011. JUDGMENT The petitioner has filed this writ petition with the following prayers: 1. Call for the records relating to Exts.P1 and P4 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. 2. Declare that the petitioner is entitled to the benefits flowing from Ext.P5 judgment. The learned counsel for the petitioner submits that the issue involved in this case is covered by the decision reported in 2008(3) KLT 188 – Narayanan v. State of Kerala in which it is held that recovery of excess pay earlier granted to a teacher counting prior service in aided school cannot be recovered and reduction of pay ordered on the basis of audit objection after a long time is not permissible. Following the aforesaid decision, I quash Ext.P4. This writ petition is allowed as above. 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 the 16th day of November, 2011. JUDGMENT