IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 31360 of 2011(T) --------------------------------- PETITIONER(S): ------------------- DR.MARY JOSEPH T, SHANGRI-LA POWER HOUSE ROAD, COCHIN 682 018 BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM 695 001 2. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,COCHIN UNIVERSITY P.O KOCHI-682 022, REPRESENTED BY THE REGISTRAR 3. THE DIRECTOR OF LOCAL FUND ACCOUNTS, THIRUVANANTHAPURAM 695 001 4. THE FINANCE OFFICER, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN UNIVERSITY P.O,KOCHI 682 022 R1 & R3 BY SENIOR GOVT. PLEADER SRI.M.A.FAYAZ R2 & R4 BY ADV. SRI.K.S.MOHAMMED HASHIM,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 31360 OF 2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1: TRUE COPY OF THE ORDER NO.AD.D2/31158/99 DATED 12.01.2000 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE RELEVANT PAGES OF ORDER NO. G.O(P) 171/99/H.EDN DATED 21.12.1999 ISSUED BY THE 1ST RESPONDENT. EXT.P3: A TRUE COPY OF THE ORDER NO.AD.D2/31158/85/IV(1) DATED 5.09.1997 EXT.P4: TRUE COPY OF THE ORDER NO.AD.D2/31158/85/IV DATED 5.09.1997 ISSUED BY THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER NO.AD.D2/31158/85/IV DATED 2.9.1995 ISSUED BY THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE ORDER NO.AD A1/G.C/2008 DATED 1.11.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P6(A) TRUE COPY OF THE REPORT OF THE COMMITTEE CONSTITUTED BY THE SYNDICATE TO LOOK INTO THE GRIEVANCES OF THE RESEARCH SCHOLARS,TEACHERS AND EMPLOYEES OF THE UNIVERSITY EXT.P7: TRUE COPY OF ORDER NO.AD.D2/NPS.31158/2009 DATED 4.11.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P8 TRUE COPY OF LIST OF PROFESSORS OF THE UNIVERSITY AS GIVEN IN THE WEBSITE WWW.UGC.AC.IN EXT.P9 TRUE COPY OF THE ORDER NO.FIN IV/498/P/2009-10 DATED 2.07.2010 ISSUED BY THE 4TH RESPONDENT. EXT.P10 TRUE COPY OF THE LETTER NO.FIN V/EXCESS PAY/09-10- DATED 1.3.2011 ISSUED BY THE 4TH RESPONDENT. EXT.P11 TRUE COPY OF THE REPRESENTATION DATED 1.07.2011 ISSUED BY THE PETITIONER TO 4TH RESPONDENT. RESPONDENTS' EXHIBITS :NIL JM T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31360/2011-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2011 J U D G M E N T The petitioner herein retired from service on 30/04/2009. She is presently aggrieved by Ext.P10 communication directing the petitioner to pay back an amount of Rs.8,76,962/- stated to be alleged excess pay drawn. 2. The petitioner has elaborated in detail the circumstances leading to the appointment of the petitioner on grant of scale of pay. It is mainly contended that the emoluments were duly sanctioned from the University from time to time and, therefore, no objection can be taken by the Local Fund Audit. Various orders have been produced as Exts.P3 to P8. Requesting to drop the proposal, the petitioner has filed a representation as per Ext.P11 before the fourth respondent. It is yet to be considered. 3. The learned Standing Counsel for the University submitted that the competent authority to W.P.(C). No.31360/2011 -:2:- consider the matter is the second respondent and the University will consider the same accordingly. 4. There will be a direction to the second respondent to take a decision on Ext.P11 with notice to the petitioner within a period of three months from the date of receipt of a copy of this Judgment. In the meanwhile, Ext.P10 communication will be kept in abeyance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms