IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 OP.No. 36291 of 2002(U) ----------------------- PETITIONER(S): --------------- B. KUMARI GEETHA, W/O. K. MOHANA KUMAR, H.S.S.T. GOVT. MODEL HIGHER SECONDARY SCHOOL FOR BOYS, KOLLAM RESIDING AT KANTANCHALIL, KILIKOLLOOR, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN RESPONDENT(S): --------------- 1. THE PRINCIPAL, GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, ERAVIPURAM, KOLLAM. 2. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOLLAM. 3. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. GOVERNMENT PLEADER SRI. M.R. SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 36291/2002. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF PROCEEDINGS DT. 16-2-1996. EXT.P2 RELEAVING ORDER DT. 28-8-1998. EXT.P3 LETTER DT. 28-7-2000. EXT.P4 LETTER DT. 4-9-2001. EXT.P5 REPRESENTATION DT. 24-9-2001. EXT.P6 LETTER DT. 14-11-2002. RESPONDENTS' EXHIBITS: ------------------------------------- EXT.R3(a) COPY OF GOVERNMENT ORDER DT. 28-2-1996. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 36291 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th November, 2008. J U D G M E N T While working as HSA (Mathematics) at Government High School, Koickal, Kollam, by Ext. P1 order dated 16-2-1996, the petitioner was posted on deputation as VHSST (Mathematics) at Government Vocational Higher Secondary School, Vattiyoorkavu, Trivandrum. The petitioner was thereafter transferred from there to to VHSS, Eravipuram where she joined on 17-5-1996. Still thereafter, by Ext. P2, the petitioner was appointed temporarily as HSST under the Directorate of Higher Secondary Education. While working in the Vocational Higher Secondary School, the petitioner was given a special pay of Rs. 250/- in addition to her regular salary. By Ext. P3 dated 28-7-2000, the petitioner was intimated that as per audit report, the petitioner is liable to refund an amount of Rs. 18,455/- paid to her as special pay and D.A for the period she was working as lecturer in Vocational Higher Secondary School. Again, by Ext. P4 order dated 4-9-2001, the Principal of Government Vocational Higher Secondary School directed the petitioner to refund the amount. The petitioner filed Ext. P5 representation challenging the recovery. However, by Ext. P6 order, the Principal of Government Vocational Higher Secondary School, Eravipuram intimated the petitioner that if she does not repay the amount within seven days, the Principal would be forced to report the matter to the Treasury Officer for recovery of the amount from the petitioner's salary. In the above circumstances, the petitioner has filed this original petition challenging Exts.P 3, P4 and P6 for a declaration that the petitioner is not entitled to refund the amount. 2. In the counter affidavit, the contention of the 3rd respondent is that the special pay payable to deputationists was cancelled by G.O (P) No. 220/96(80)/Fin dated 28-2-1996 (Pay Revision Order of 1992). O.P. No. 36291/2002 -: 2 :- According to the 3rd respondent , after coming into force of the Pay Revision Order, deputationists are not eligible for special pay and that is why the amount was sought to be recovered from the petitioner. The petitioner would contend that in the Pay Revision Order, there is no provision wherein special pay for Vocational Higher Secondary School Lecturers on deputation has been cancelled and therefore the proposed recovery is wrong. 3. I have considered the rival contentions in detail. 4. Along with the counter affidavit, the 3rd respondent has produced Ext. R3(a) purported to be the Pay Revision Order relying on which the amount is sought to be recovered from the petitioner. But, only two pages of the order are produced, which do not contain any reference to any special pay or withdrawal of special pay to deputationists. Apart from the assertion of the petitioner that the Pay Revision Order does not contain any provision for cancellation of the special pay, nothing has been produced before me in support of the same. As such, there is no material before me to decide the matter one way or the other. In the above circumstances, the only course of action open to me is to direct the 3rd respondent to decide the matter after hearing the petitioner. Therefore, the original petition is disposed of with the following directions: The petitioner shall file a suitable representation along with a certified copy of this judgment before the 3rd respondent in the matter. The 3rd respondent shall consider the same in the light of the Pay Revision Order of 1992 and ascertain whether there is any provision in the Pay Revision Order cancelling special pay granted to deputationists working in Vocational Higher Secondary Schools. The 3rd respondent shall pass a speaking order after affording an O.P. No. 36291/2002 -: 3 :- opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within two months from the date of the receipt of the representation and the certified copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/