IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WA.No. 739 of 2009 --------------------------- THE JUDGEMENT IN O.P.NO.3964/2001 DATED 06/03/2008 .................... APPELLANT/PETITIONER: -------------------------------------- GOVINDAN .K.V., HEADMASTER (RETD.), AGED 63 YEARS, S/O. AMBU, SUJITH NIVAS, ALANTHATTA, VALIYAPOYIL.P.O., CHERUVATHOOR (VIA). BY ADV. SRI.M.SASINDRAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, KASARAGOD DISTRICT. 4. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. R1 TO R4 BY GOVERNMENT PLEADER MR. BENNY GERVACIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No. 739 OF 2009 ------------------------------ Dated this, the 7th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner joined Government service as P.D.Teacher on 2.11.1968. He was promoted as Headmaster on 24.6.1986. He completed 23 years of service and became eligible to get Selection Grade in 1991. The Government issued orders for the benefit of Headmasters, who got promotion before 1.3.1992 and who would have got Selection Grade after 1.3.1992 to enable them to get the benefit of Selection Grade and thereafter on the very same date come to the scale of pay of the Headmaster's post. While fixing the pay of the petitioner/appellant, the said benefit was extended to him. Later, it was found that he is not governed by the said Government Order, a copy of which is produced as Ext.P4 dated 9.6.1994. So, his salary was revised and refixed as per Ext.P2 by the Assistant Educational Officer, Cheruvathur, on 3.8.2000 and he was ordered to repay the excess amount. W.A. No.739/2009: - 2 - Challenging Ext.P2, the Writ Petition was filed. The learned Single Judge quoted paragraph 2 (ii) (c) of Ext.P4 Government Order and took the view that the appellant/petitioner does not come under the said paragraph and upheld Ext.P2. Hence, this Writ Appeal. 2. We heard the learned counsel for the appellant. Paragraph 2 (ii) (c) of Ext.P4 reads as follows: “2 (ii)(c): Teachers (P.D) who were promoted as Headmasters prior to 1.3.1992 and who would have been eligible for the selection grade of P.D. Teacher but for their promotion as Headmasters will be permitted to have their pay fixed notionally in the selection grade first on 1.3.1992 or on the date on which they become eligible for the selection grade after 1.3.1992 on the basis of the pay in the revised scale which they would have drawn had they continued as Senior Grade Primary Teachers and, then, based on the pay so fixed in the selection grade, their pay in the revised scale of pay of Headmaster will be fixed under Rule 28A, Part I K.S.R.” W.A. No.739/2009: - 3 - 3. It is common ground that the petitioner was promoted as Headmaster on 24.6.1986 and his turn for 23 years Selection Grade fell due in 1991. If that be so, he is not entitled to get the benefit of the above Government Order. So, we find nothing wrong with the impugned order Ext.P2 or the decision of the learned Single Judge. The learned counsel for the appellant submitted that in any view of the matter the excess salary paid to him may not be recovered. But, we think the said contention cannot be accepted. The appellant is a Headmaster. He cannot be allowed to keep public money paid to him wrongly. This view taken by us is supported by the Division Bench of this Court in Santhakumari v. State of Kerala [2005(4)KLT 649]. In the result, the Writ Appeal fails and it is dismissed. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps