IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 24968 of 2009(M) -------------------------- PETITIONER(S): --------------- E.VISWANATHAN, HIGH SCHOOL ASSISTANT, GOVERNMENT HIGHER SECONDARY SCHOOL, MEPPAYUR, KOZHIKODE DIST. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, FIANCE(PAY REVISION CELL-A) DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, MEPPAYUR, KOZHIKODE DIST. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24968/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of August, 2009 J U D G M E N T The petitioner is working as H.S.A in Government Higher Secondary School, Meppayur. He entered service as a Primary Departmental Teacher and was later promoted as H.S.A. He commenced his continuous service as P.D Teacher on 02/01/1986 as per the advise made by the P.S.C. Prior to the said appointment, he had 2 years, 7 months and 12 days provisional service to his credit. The petitioner was granted Higher Grade scale of pay in the category of P.D Teacher on 19/05/1993 on completion of ten years of service and he reached the scale of Rs.1350-2200. His promotion as H.S.A was on 21/06/1996. Since the entry grade scale of pay of H.S.A was the same as that of Higher Grade P.D Teachers, the petitioner did not get any increase in his pay due to promotion. He was sanctioned the Primary Teacher's Senior Grade scale on 19/05/2001 on completion of 18 years of service, and thus he reached the scale of Rs.5000-8150 which was equivalent to the Higher Grade scale of H.S.A. This was objected to in the Local Audit and copy of the audit objection is produced as Ext.P1. The petitioner has filed Ext.P3 before the Government seeking to drop the audit W.P.(C). No.24968/2009 -:2:- objection. It is submitted that the Government has not passed any final orders so far. 2. The petitioner is threatened with the recovery of the alleged excess amount paid to him in the meanwhile. It is in these circumstances the petitioner has filed this writ petition seeking for a direction to the Government to take a decision on Ext.P3 and to keep in abeyance the recovery proceedings in the meanwhile. 3. There will be a direction to the first respondent that if the petitioner files a detailed representation in addition to Ext.P3, the grievances raised by the petitioner will be considered and appropriate action will be taken to redress the same, after hearing the petitioner, within a period of four months from the date of receipt of a copy of the representation. The recovery, if any, will also be kept in abeyance till final orders are passed by the Government in the matter. The writ petition is disposed of as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE