IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 19505 of 2011(K) -------------------------------------- PETITIONER(S): ---------------------- M.T.RAMESAN, AGED 55 YEARS, S/O. C.D.THANKAPPAN, AGRICULTURAL OFFICER, ERAMAN KUTTUR KRISHI BHAVAN, KUTTUR P.O., M.M.BAZAR, KANNUR DISTRICT. BY ADV. SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU RESPONDENT(S): ------------------------ 1. ASSISTANT DIRECTOR, AGRICULTURAL DEPARTMENT, KANNUR - 670002. 2. ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM - 695001. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM - 695001. BY GOVERNMENT PLEADER SRI. ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD WPC NO. 19505/2011 APPENDIX PETITIONER'S EXHIBITS P1 COPY OF THE AUDIT REPORT P2 COPY OF THE REPLY TO EXHIBIT P1 P3 COPY OF THE JUDGMENT IN W.A. 2262/2007 P4 COPY OF THE LETTER P5 COPY OF THE REPLY DATED 21.07.2011 TRUE COPY P.A. TO JUDGE SD K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.19505 of 2011 --------------------------------------------- Dated this the 25th day of November 2011 JUDGMENT The petitioner is working as an Agricultural Officer in Eraman Kuttur, Krishi Bhavan, Kuttur. The petitioner had joined service on regular basis on 19.5.1990. Prior to that, he had been engaged on provisional basis from 24.11.1983 onwards through Employment Exchange. His salary had been revised with effect from 1.11.1988 in the scale of pay of Rs.975/-, in the scale of pay of Rs.865/- - Rs.1450/- from 1.11.1989 and to Rs.1150/- (1050-1660) with effect from 1.3.1992. On 18.8.2008, the petitioner was served with an Audit report, Ext.P1 stating that excess amounts were paid to him from 13.10.1990 to 25.8.1993 and that the same was proposed to be recovered. Against Ext.P1, the petitioner filed Ext.P2 objections. Thereafter, nothing was heard in the matter. The petitioner is aggrieved by Ext.P4 issued in the above circumstances, by which the Assistant Director of WPC No.19505 of 2011 2 Agriculture has requested the petitioner to initiate necessary action for paying the said amount or for seeing that the same is waived by the competent authority. The petitioner has thereupon submitted Ext.P5 representation to the third respondent. He complains that no action has been taken thereon till date. Consequently, the petitioner is still under the threat of recovery of the said amounts. 2. According to the counsel for the petitioner, the amount that is alleged to have been paid in excess during the period from 13.10.1990 to 25.8.1993 was not liable to be recovered after more than 16 years. The counsel for the petitioner places reliance on Ext.P3 judgment in which this Court has held that a similar recovery was not permissible. The counsel for the petitioner has also placed before me the judgment reported in Aleyamma Varghese v Secretary, General Education Department (2007(3) KLT 700(SC). In view of the dictum laid down by the Apex Court as well as this Court, the counsel for the petitioner contends that no recovery is permissible from him. WPC No.19505 of 2011 3 3. This writ petition was filed on 18.7.2011. It came up for admission on 19.7.2011 on which date the learned Government Pleader sought time to get instructions in the matter. Though a number of chances were given to the Government Pleader to get instructions, he has not been able to get any instruction, so far. 4. In view of the fact that Ext.P5 is pending consideration of the third respondent, I am of opinion that this writ petition can be disposed of directing the said authority to take a decision on Ext.P5, without delay. 5. This writ petition is accordingly disposed of directing the third respondent to consider the request of the petitioner set out in Ext.P5 representation in accordance with law and in the light of the dictum laid down by this Court as well as the Apex Court in the decisions referred to above and and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner also. Until final orders are passed on Ext.P5 as WPC No.19505 of 2011 4 directed above, all steps for the recovery of any amount from the petitioner pursuant to Ext.P4 shall be kept in abeyance. The petitioner shall produce a copy of this judgment before the third respondent for compliance. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/