C.M. VENUGOPALAN Vs. STATE OF KERALA,

JUDGEMENT

(1.) 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 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.) TAKING into account the facts and circumstances of the case, the Writ Petition is disposed of as follows: