IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 19605 of 2004(H) ----------------------- PETITIONER : --------------------- M.P.BABY, P.D.TEACHER, GOVERNMENT L.P. SCHOOL, PULLUVAZHY, PERUMBAVOOR. BY ADVS. SRI.MATHEWS VALSALAN SRI.K.H.MOHAMMED HASHIM RESPONDENT(S): ------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR. 3. THE ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 19605 of 2004(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE G.O.(RT) NO. 3797/99/GE DATED 9-8-99 ISSUED BY THE GOVERNMENT. EXT.P2 : COPY OF THE AUDITORS REPORT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.19605 Of 2004 ----------------------------------------------------- DATED THIS THE 14th DAY OF JANUARY, 2011 J U D G M E N T The petitioner herein is a P.D.Teacher in a Govt.L.P.School. Prior to his entry in service, he was having service in an aided school which was not reckoned for the purpose of pay and allowances. 2. It is pointed out that by Exhibit P1 order, the Government sanctioned the aided school service for the purpose of counting of all service benefits including pension subject to the conditions laid down in KSR from time to time. 3. Exhibit P2 is the audit objection wherein the re- fixation and payment of arrears to the tune of `14,136/- has been objected. 4. In similar Writ Petitions, the issue was considered by this Court. In O.P.No.22738/2000, relying upon the decision of the Division Bench in Writ Appeal No.3030/2003, the cancellation of the benefit granted as per Exhibit P1 and similar orders was upheld by this Court. The same principle will apply herein also. Therefore the petitioner cannot place reliance upon W.P.(C)No.19605/04 -2- Exhibit P1 to sustain the re-fixation. What remains is the recovery portion ordered in Exhibit P2. It is pointed out by the learned counsel for the petitioner that in a similar Writ Petition, O.P.No.24000/00, this Court held that monetary benefits disbursed to the petitioner therein in terms of Ext.P3 Government order therein, which continued to operate in view of the directions issued by this Court shall not be recovered. Evidently, the petitioner was not entitled for the benefit. But, still the same was paid in terms of the Government order. It is made clear that the recovery of amount objected to as per Exhibit P2 will not be effected. Writ Petition is hence dismissed, subject to the above observations. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge