The petitioner, a P.D. Teacher transferred after two years as Headmaster, was audited for drawing protected Headmaster pay. The Court held it unjust to regulate his pay drawal under existing provisions and quashed the audit objection notice.
The writ petition is allowed and the audit objection (Ext.P2) is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
WEDNESDAY, THE 5TH SEPTEMBER 2007 / 14TH BHADRA 1929
OP.No. 38236 of 2002(B) ---------------------------------
PETITIONER:
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USEF RAWTHER, AGED 54 YEARS, S/O. LATE MEERAN RAWTHER, MOZHOOR HOUSE, NEDUMKUNNAM, KOTTAYAM DISTRICT (P.D.TEACHER GOVERNMENT HIGHER SECONDARY SCHOOL,NEDUMKUNNAM)
BY ADV. SRI.ESM.KABEER
RESPONDENTS:
----------------------
1. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM.
2. THE ASSISTANT EDUCATIONAL OFFICER, KARUKACHAL.
3. THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP NO. 64536/2002 IN OP NO. 38236/2002 B.
DISMISSED
05/09/2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE.
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE PROCEEDINGS OF THE R2 DT. 10/3/95 GRANTING PROTECTION OF PAY.
EXT.P2. COPY OF THE RELEVANT EXTRACT OF THE AUDIT OBJECTION OF THE R3.
RESPONDENT'S EXHIBITS
NIL.
True copy
tga
THOTTATHIL B.RADHAKRISHNAN, J.
O.P.No.38236 OF 2002
Dated this the 5th day of September, 2007
JUDGMENT
Petitioner, while drawing pay in the senior grade scale of Rs.1220-2150, was promoted as Headmaster on 29.8.1990 and transferred to Kumbala in Kasargode. His pay was fixed at Rs.1,710/- on 29.8.1990 and it was re-fixed at Rs.1,770/- on 1.7.1991 in the higher scale of Rs.1330-2550. After working there for nearly two years, he requested for an inter-district transfer in terms of G.O.(MS) No.4 dated 8.1.1961. That was allowed and by order dated 29.7.1992, he was brought down as the junior most P.D. Teacher to the D.P.S., Vellara in Kottayam district on 18.8.1992. The last drawn pay was protected while making such transfer. Thereafter, in audit, it was observed that he continued to draw the pay of Headmaster on the basis of such protection, though he was working only as a P.D. Teacher. The impugned Ext.P2 is, therefore, issued by stating that such drawal of pay is against the rules, though no specific rule is referred to as having been violated. G.O.(MS) No.4 dated 8.1.1961, while providing the various conditions for an inter-departmental or
OP.38236/02
Page numbers
inter-unit transfer, provides that the incumbent may be allowed to count his previous service towards increment, leave, pension, gratuity etc. So much so, if the executive decides to grant him the benefit of protection of the pay drawn by him subject to his being placed as the junior most P.D. Teacher, that action cannot be found fault with. More so because, the petitioner had worked as the Headmaster for nearly two years after his promotion and posting to Kasaragode.
For the aforesaid reasons, this writ petition is allowed quashing Ext.P2. All necessary consequences shall follow.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge
kkb.
OP.38236/02
Page numbers
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.NO.38236 OF 2002
JUDGMENT
5th SEPTEMBER, 2007.
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3 issues framed by the court
Whether the petitioner's drawal of pay as Headmaster while working as a P.D. Teacher after being downgraded violates any specific rule.
Whether the audit objection regarding the protection of pay is sustainable given the facts of inter-district transfer.
Whether to allow the writ petition to quash the audit objection notice.
Usef Rawther
The Deputy Director of Education, Kottayam
The Assistant Educational Officer, Karukachal
The Accountant General (A&E) Kerala, Thiruvananthapuram
Thottathil B. Radhakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
