IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 25035 of 2005(E) ------------------------------------- PETITIONER(S): ----------------------- C.K. VENUGOPAL, LECTURER COMPUTER SCIENCE AND SYSTEMS APPLICATION, KERALA INSTITUTE OF TOURISM AND TRAVEL STUDIES, THYCAUD, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TOURISM, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA INSTITUTE OF TOURISM AND TRAVEL STUDIES, REPRESENTED BY ITS SECRETARY, THYCAUD, THIRUVANANTHAPURAM. 3. THE DIRECTOR, KERALA INSTITUTE OF TOURISM AND TRAVEL STUDIES, THYCAUD, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.K.RAVIKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25035 of 2005(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 8.2.1996. EXT.P2 - TRUE COPY OF THE ORDER DATED 22.4.1999 ISSUED BY THE 3RD RESPONDENT. EXT.P3 - TRUE COPY OF THE ORDER DATED 21.4.2001 ISSUED BY THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF THE ORDER DATED 19.1.2000 ISSUED BY THE 3RD RESPONDENT. EXT.P5 - TRUE COPY OF THE ORDER DATED 30.7.2005 ISSUED BY THE FIRST RESPONDENT. EXT.P6 - TRUE COPY OF THE SCHEDULE II OF THE SERVICE RULES OF 2ND RESPONDEND (KITTS) // TRUE COPY // PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.25035 OF 2005 --------------------------------------- Dated this the 17th day of December, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: a) Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P5 and quashing the same, to the extent it directs recovery of salary paid to the petitioner in the scale of pay of Rs.7200-11400. There is also a prayer for promotion to the post of Senior Lecturer with effect from 07.02.2001. As far as the first prayer is concerned, there is already an interim order dated 23.08.2005. There is no counter affidavit. 2. It is seen that pay was fixed in the case of the petitioner as per Exhibit P4 order dated 19.01.2000 in accordance with the rules available at that time. Subsequently, Government issued order dated 30.07.2005, after more than five years, stating that the pay scale granted as per Exhibit P4 is not available to the petitioner and that the excess should be recovered. I am afraid, the Government will not be justified in ordering recovery. The W.P.(C) No.25035/05 2 petitioner has been paid salary as per the fixation duly made by the third respondent. The Government order came only 5½ years later. In such circumstances, it is unjust and unreasonable to order recovery of the salary already paid. Therefore, this writ petition is disposed of making the interim order absolute and making it also clear that in case the petitioner has still any grievance with regard to promotion, he may approach the first respondent. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.25035/05 3 KURIAN JOSEPH, J. W.P.(C) No.25035 OF 2005 J U D G M E N T 17.12.2008 W.P.(C) No.25035/05 4