IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 29330 of 2010(M) -------------------------- PETITIONER(S): --------------- C.M.VENUGOPALAN, HEADMASTER, G.H.S.S.BALLA EAST, PO BALLA, KASARAGOD DISTRICT. BY ADV. SRI.M.VIJAYAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATIION, KASARAGOD, PIN – 671 315. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29330 of 2010 --------------------------------------------- Dated this the 23rd day of September, 2010 JUDGMENT The case of the petitioner, in nutshell, is as follows: The petitioner joined service as High School Assistant (Maths) on 26.7.1982. He had aided school service from 27.6.1980 to 26.7.1982. The pay of the petitioner was fixed in the year 1997. Ext.P1 audit objection was raised in respect of fixation of pay of the petitioner. According to the Accountant General, the period of service of the petitioner in the aided school should not have been reckoned for the purpose of fixing the pay. After Ext.P1, the petitioner as well as the Headmaster made several representations clarifying the position. Finally, Ext.P13 letter dated 27.7.2010 was sent from the office of the Accountant General to the Deputy Director of Education with copy to the petitioner directing refund of excess amount drawn by the petitioner for the period from 1.11.1997 to 1.11.1998. The grievance of the petitioner is that the detailed representation submitted by the petitioner on 26.8.2009 (Ext.P10) was not WPC No.29330/2010 2 considered by the first respondent. 2. The reliefs prayed for in the Writ Petition are for the issue of a writ of certiorari to quash Exts.P1 and P13 and for the issue of a writ of mandamus directing the first respondent to dispose of Ext.P10. 3. The learned counsel appearing for the petitioner submitted that for the time being, the petitioner would be satisfied, if the relief for the issue of a writ of mandamus is granted leaving open all the contentions of the petitioner and the challenge against Exts.P1 and P13. 4. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of as follows : (a) The first respondent shall dispose of Ext.P10 representation dated 26.8.2009 submitted by the petitioner, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. (b) Till the disposal of Ext.P10 representation, the proceedings for recovery of the amount as per Exts.P1 WPC No.29330/2010 3 and P13 shall be kept in abeyance. (c) The petitioner shall produce a certified copy of the judgment and copy of the Writ Petition before the first respondent. K.T.SANKARAN, JUDGE csl