IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 OP.No. 10383 of 2002(J) ---------------------------------- PETITIONERS: --------------------- 1. K.SEENA VARGHESE,LPSA,INFANT JESUS, L.P.SCHOOL,KIDANGOOR,ANGAMALY,ERNAKULAM DISTRICT. 2. SHEENA ANTONY,L.P.S.A.,INFANT JESUS L.P.SCHOOL,KIDANGOOR,ANGAMALY,ERNAKULAM DISTRICT. 3. GEETHA ANTONY P.L.P.S.A.,INFANT JESUS L.P.SCHOOL,KIDANGOOR,ANGAMALY,ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE. RESPONDENTS: ------------------------ 1. THE ASSISTANT EDUCATIONAL OFFICER, ANGAMALY. 2. HEADMISTRESS,INFANT JESUS L.P.SCHOOL, KIDANGOOR,ANGAMALY, 3. THE ACCOUNTANT GENERAL,KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA BABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 18383/2002 IN O.P. NO. 10383/2002-J DISMISSED 03/01/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPOINTMENT ORDER OF P.1. DTD. 14/06/2002. EXT.P.2: COPY OF THE APPOINTMENT ORDER OF P.2. DTD. 14/06/2000. EXT.P.3: COPY OF THE APPOINTMENT ORDER OF THE P.3. DTD. 16/06/2000. EXT.P.4: COPY OF THE G.O. (P). NO. 303/01/G. EDN. DTD. 05/10/2001 OF THE GOVERNMENT. EXT.P.5: COPY OF THE ORDER NO. C/5527/01 DTD. 11/03/2002 OF THE R.1. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = O.P.No.10383 OF 2002-J. = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008. J U D G M E N T The petitioners herein are working as L.P.S.As. in Infant Jesus, L.P. School, Kidangoor in Ernakulam district. Their appointments were approved by the educational authorities under the provisions of the Kerala Education Rules which is evident from Exts.P1, P2 and P3. The approval was initially with effect from 17-7-2000 and later in an appeal the same has been modified and the approval has been granted from the date of appointment itself. They were being paid salary also. But in the meantime the Asst.Educational Officer based on a Circular dated 6-7-2001 withheld the salary of the petitioners with effect from July, 2001 onwards. It appears that the Government modified the policy and as per Ext.P4 the situation was re-assessed and fresh orders have been passed. Therefore, the restrictions in the matter in regard to approval of appointment taken as per the earlier Circular was modified. 2. Fresh orders were passed as regards the payment of salary O.P.No.10383 OF 2002-J. 2 due to the petitioners as per Ext.P5, but with a rider that in view of the orders governing economy measures the salary drawn in cash by the petitioners have to be credited to the KASEPF. It is in these circumstances the petitioners have filed this writ petition. 3. In CMP.No.18383/2002 by order dated 12-4-2002 this Court had granted an interim stay as prayed for. 4. The respondents have filed a counter-affidavit justifying the action taken. The stand taken is that in view of the orders which were in force at that time concerning economy measures Ext.P5 happened to be issued. In view of efflux of time and in the light of the interim order passed in this case, at this distance of time, it is not necessary to direct the petitioners to re-pay the salary drawn by them for the purpose of crediting it to the KASEPF. Therefore, Ext.P5 is quashed. The salary already paid to the petitioners upto December, 2001 shall not be required to be refunded at all for the purpose of crediting it to the Fund. The original petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/