IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 29003 of 2003(C) -------------------------- PETITIONER(S): --------------- T.M. ALEXANDER, THUMPAPARAMBIL HOUSE, CHENGALAM SOUTH P.O., KOTTYAM. RETD. HEADMASTER, ST. PETER'S L.P. SCHOOL, KUMARAKAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBILC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOTTAYAM, WEST KOTTAYAM. 5. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PROCEEDINGS DATED 12.8.1997 OF FOURTH RESPONDENT. EXT.P2 TRUE COPY OF LETTER DATED 6.11.97 EXT.P3 TRUE COPY OF REPRESENTATION DATED 24.12.97 FILED BY PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION. EXT.P4 TRUE COPY OF LETTER DATED 24.7.98 OF THIRD RESPONDENT. EXT.P5 TRUE COPY OF LETTER DATED 20.11.98 OF THIRD RESPONDENT. EXT.P6 TRUE COPY OF REPRESENTATION OF PETITIONER TO THE FIFTH RESPONDENT BY THE PETITIONER DATED 27.11.99 EXT.P7 TRUE COPY OF LETTER OF THIRD RESPONDENT DATED 23.11.99 EXT.P8 TRUE COPY OF JUDGMENT IN OP 28672 OF 2001 DATED 28.9.2001 OF HIGH COURT OF KERALA. EXT.P9 TRUE COPY OF ORDER DATED 29.1.2002 OF FIRST RESPONDENT. EXT.P10SERIES. TRUE COPY OF REVISED PENSION PAY ORDER DCRG AND COMMUTATION PAY ORDER DATED 16.9.2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 29003 OF 2003 -------------------------------------------- Dated this the 18th day of August, 2009 JUDGMENT Petitioner, a retired Headmaster of a LP School, is challenging the recovery of excess salary drawn amounting to Rs. 14,126/- from his terminal benefits released on retirement. I have heard counsel appearing for the petitioner and Government Pleader for the respondents. Admittedly the amount recovered from the petitioner's DCRG is excess salary drawn by him. Even though counsel for the petitioner submitted that petitioner is entitled to senior grade in service, I do not think any such claim can be entertained 12 years after his retirement. Moreover, petitioner should have demanded service benefits such as seniority and grade promotion while in service and not when excess drawn salary is proposed to be recovered. Government Pleader relied on a Division Bench decision of this Court in SANTHAKUMARI V. STATE OF KERALA, (2005) 4 KLT 649 wherein this Court has held that excess salary drawn by the employee could be recovered from his retirement benefits. In the circumstances, W.P.C. is devoid of any merit and the same is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2