The High Court quashed an audit objection order (Ext. P12) regarding pensionary benefits and allowed the writ petition. The judgment relied on the precedent Narayanan v. State of Kerala, which holds that recovery of excess pay granted long ago counting prior service is not permissible.
Quashing of the audit objection order (Ext. P12) and allowing the writ petition.
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 B.P.RAY
MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933
WP(C).No. 1489 of 2005(B) -----------------------------------
PETITIONER(S):
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M.C.AYSHA, W/O.P.KUNJUMOIDEEN KUTTY MASTER, AGED 56 YEARS, HEADMISTRESS(RETD), P.V.M.A.L.P. SCHOOL, BLANGAD,(RESIDING AT PANDARATHIL HOUSE, MANATHALA-680 516, CHAVAKKAD, THRISSUR DISTRICT.
BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA
RESPONDENT(S):
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1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.
2. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR.
3. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT.
4. THE HEADMASTER, P.V.M.A.L.P. SCHOOL, BLANGAD, CHAVAKKAD, THRISSUR DISTRICT.
R1 TO R3 BY GOVERNMENT PLEADER SRI.SANEER P.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.1489/2005
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE AUDIT OBJECTION OF THE 2ND RESPONDENT DTD. 13.9.2002. P2:- COPY OF THE G.O.(P) 855/957(60)/ FIN. OF THE GOVT. DT. 21.11.1995. P3:- COPY OF THE FORM OF EXERCISING OPTION DTD. 30.5.1996.
P4:- COPY OF THE ORDER E2/32713/02 OF THE 2ND RESPONDENT DTD. 6.1.2003. P5:- COPY OF THE G.O.(P) 81/947(5)/FIN. OF THE GOVT. DTD. 2.2.1994.
P6:- COPY OF THE G.O.(P) 952/957(63)/FIN. OF THE GOVT. DT. 5.12.1995.
P7:- COPY OF THE CIRCULAR 30188/PRU-1/95/FIN. OF THE GOVT. 30.12.1995. P7:- COPY OF THE CIRCULAR 17126/PRU-1/96/FIN. OF THE GOVT. 10.4.1996. P9:- COPY OF THE G.O.(MS) 367/74/FIN. OF THE GOVERNMENT DTD. 8.11.1974.
P10:- COPY OF THE APPEAL PETITION FILED BEFORE THE IST RESPONDENT DTD. 30.4.2004.
P11:- COPY OF THE JUDGMENT IN WPC. 17715/04. DTD. 15.6.04.
P12:- COPY OF THE G.O.(RT) 5004/04/G.EDN. OF THE GOVERNMENT DTD. 23.11.2004. P13:-COP STATEMENT OF FIXAITON OF THE PETITIONER DTD. 16.8.1996.
P14:- COPY OF THE DO. OF THE PETITIONER DTD. 22.7.2002.
RESPONDENT'S EXHIBITS
NIL:-
TRUE COPY
P.A. TO JUDGE
tss
B.P. RAY, J.
- - - - - - - - - - - - - - - - - W.P.(C) No. 1489 of 2005
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Dated this the 28th day of November, 2011.
JUDGMENT
The petitioner has filed this writ petition with the following
prayers:
The learned counsel for the petitioner submits that the issue involved in this case is covered by the decision reported in 2008(3) KLT 188 – Narayanan v. State of Kerala in which it is held that recovery of excess pay earlier granted to a teacher counting prior service in aided school cannot be recovered and reduction of pay ordered on the basis of audit objection after a long time is not permissible. Following the aforesaid decision, I quash Ext.P12.
This writ petition is allowed as above.
sd/- B.P. RAY, JUDGE.
rv
B.P. RAY, J.
O.P.No. 13887 of 2002
Dated this the 16th day of November, 2011.
JUDGMENT
2 issues framed by the court
Whether an order containing audit objection regarding recovery of excess pay should be quashed.
Whether the petitioner is entitled to revised pensionary benefits based on specific fixation forms.
Colour shows how this judgement treated each authority
Narayanan v. State of KeralaFollowed¶43
2008(3) KLT 188
M.C. AYSHA, W/O.P. KUNJUMOIDEEN KUTTY MASTER
THE STATE OF KERALA
THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE
THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD
THE HEADMASTER, P.V.M.A.L.P. SCHOOL, BLANGAD
B.P. RAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
