IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 23198 of 2009(T) -------------------------- PETITIONER(S): --------------- V.M. SREELATHA, AGED 63 YEARS, W/O. RAJENDRAN, LETHA NISHANTHAM, PARATTIMMAL P.O. MOKERI, KOZHIKODE DIST, RETIRED PRINCIPAL OF R.V.H.S.S, CHOKI) BY ADV. SRI.C.VATHSALAN SMT.THUSHARA.V RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT) KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 5. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY P.O., THALASSERY, KANNUR DISTRICT. GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23198/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of August, 2009 J U D G M E N T The petitioner retired from service as Principal of the R.V.H.S.S., Chokli on 30/06/2002. She was working as Principal for the period from 01/04/2000 to 30/06/2002. She joined service as H.S.A on 31/07/1969. The petitioner was granted H.S.A Senior Grade on 31/07/1989 and H.S.A Selection Grade on 01/07/1995. According to the petitioner, she is entitled to get Headmasters Higher Grade Scale as per refixation with effect from 01/07/2000 onwards till retirement. 2. The petitioner is aggrieved by Exts.P4, P9 and P14 whereby it has been ordered that the fixation of pay ordered in the case of the petitioner is not in order and the petitioner will have to refund the excess amount drawn from 01/07/1995 to 30/06/2000. The petitioner was served with Ext.P15 whereby a direction is issued to refund an amount of Rs.13,137/-. Against the impugned orders, the petitioner has approached the Government by Ext.P16. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. The learned counsel for the petitioner submitted that W.P.(C). No.23198/2009 -:2:- Ext.P13 will show that the audit objection has already been settled and there are no further remarks to be obtained in the matter. It is pointed out that Ext.P13 has not been considered. 4. There will be a direction to the Government to consider Ext.P16, after hearing the petitioner, within four months from the date of receipt of a copy of the judgment. While passing an order on Ext.P16, Ext.P13 will also be considered. Recovery steps, if any, will be kept in abeyance pending the disposal of Ext.P16. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms