Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 1713 OF 2016 PETITIONER: R.SOMY AGED 48 YEARS WIFE OF K.Y SATHYAJITH, HIGH SCHOOL ASSISTANT (NATURAL SCIENCE), MARY IMMACULATE HIGH SCHOOL, POOMKAVU P.O, PATHRAPPALLY, ALAPPUZHA DISTRICT 688 521 BY ADVS. SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM 695 014 3 THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA DISTRICT 688 001 4 THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA DISTRICT 688 001 5 THE MANAGER VOCATIONAL HIGHER SECONDARY SCHOOL, P.O, MUTHUKULAM, ALAPPUZHA DISTRICT 690 506 6 THE MANAGER MARY IMMACULATE HIGH SCHOOL, POOMKAVU P.O, PATHIRAPPALLY, ALAPPUZHA DISTRICT 688 521 7 SRI. S. SURESH KUMAR HEADMASTER VOCATIONAL HIGHER SECONDARY SCHOOL P.O. MUTHUKULAM, ALAPPUZHA DISTRICT 690 506 WP(C) NO. 1713 OF 2016 -2- BY ADVS. SRI.JUSTIN JACOB, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1713 OF 2016 -3-
JUDGMENT
1. The grievance of the petitioner in the present
writ petition is with regard to the issuance of order
Ext.P4 asking for recovery of the amount from the salary in thirty-six(36) equal instalments. It is contended that on the basis of the staff fixation ratio, excess salary was sought to be recovered from the petitioner though the petitioner never indulged into any misrepresentation or malice in obtaining the appointment. The aforementioned action has been initiated without compliance of principles of natural justice. Even otherwise once the petitioner never misrepresented, the amount cannot be recovered. Therefore Ext.P4 dated 21.12.2015 ordering recovery in thirty-six(36) equal instalments are not sustainable in the eyes of law.
2. On the other hand, learned Government Pleader
appearing on behalf of the respondents submitted that the Super Check Cell attached to the Directorate WP(C) NO. 1713 OF 2016 -4- detected bogus admission in the school and ordered for the revision of staff fixation for 2009-2010 issued by the fourth respondent i.e., District Educational Officer, Alappuzha. As such, the fixation of staff strength was revised for 2009-2010 and post of HSA (NS) was abolished as it could not be retained as per 1:40 ratio. Since the petitioner was working against the said post, was thrown out with effect from 14.07.2010. Despite having availed the remedy of appeal, was not successful. It is in that background recovery has been sought.
3. I have heard learned counsel for the parties and appraised the paper book.
4. Service was rendered by her by discharging the
duties and thus salary is liable to be paid. Also there is non compliance of the principles of natural justice. The law with regard to the recovery of the amount on the basis of some audit objection or abolition of the post is no longer res integra. WP(C) NO. 1713 OF 2016 -5- For the reason aforementioned Ext.P4 is not sustainable, hereby quashed. Writ petition stands allowed. Sd/- AMIT RAWAL JUDGE vv WP(C) NO. 1713 OF 2016 -6- APPENDIX OF WP(C) 1713/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO B1/2315/2012 DATED 18-06-2012 OF THE DEPUTY DIRECTOR EXHIBIT P2 TRUE COPY OF THE RELIEVING ORDER DATED 17-07-2011 EXHIBIT P3 TRUE COPY OF THE ORDER NO SC(1)/33718/2010/DPI/D.DIS DATED 29- 06-2010 OF THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 21-12- 2015 OF THE DEPUTY DIRECTOR OF EDUCATION EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO 34025/J2/12/G.EDN DATED 21-06-2012 OF THE GOVERNMENT EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.A NO COPY) EXHIBIT P7 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 06-11-2009