STATE OF KERALA Vs. VINOD KUMAR C.R.

JUDGEMENT

(1.) This Original Petition (KAT) is filed by the State of Kerala and its officers challenging Ext.P3 order of the Kerala Administrative Tribunal in O.A.No.(EKM) No.256/2016.

(2.) The brief facts are that the 1st respondent herein was working as a Lower Primary School Assistant (LPSA) in an aided school during the period from 24.8.1990 to 30.1.2001. From 31.1.2001, he was appointed as LPSA, in a Government school, following the advice of the Kerala Public Service Commission. Taking into account his service as an aided school teacher, he was granted the first higher grade w.e.f 31.1.2001 i.e. after he joined Government service and before the declaration of his probation in Government service. Similarly, he was granted the second higher grade (18 years) with effect from 1.1.2007 and the third higher grade with effect from 1.1.2003.

(3.) While matters stood thus, the 1st respondent was served with a copy of an audit report dated 1.4.2014 wherein, in respect of him, it was noted that the grant of the first higher grade with effect from 31.1.2001, prior to the declaration of probation in Government service was not in order. Consequently, the dates on which the second higher grade and the third higher grade were granted, were also wrong. Though the 1st respondent submitted a detailed objection, the same was over-ruled. Faced with recovery proceedings, the 1st respondent approached the Tribunal by filing the aforesaid O.A.(EKM)No.256/2016. On a consideration of the matter and following the law laid down in State of Punjab and other v. Rafiq Masih (White Washer), 2015 4 SCC 334 and noticing that the decisions in Registrar of Co-operative Societies v. Israil Khan, 2009 4 KerLT 51 SN [for the full text of the judgment please see (2010) 1 SCC 440] and Syed Abdul Qadir and others v. State of Bihar and others, 2009 3 SCC 475 were applied and followed in the judgment of this Court in W.P.(c) 17325 of 2010 dated 4.8.2011, the Tribunal came to the conclusion that there can be no recovery of excess salary paid on account of the wrong fixation. While reaching this conclusion the Tribunal also followed the Division Bench judgment of this Court in Kasaragod District Co-operative Bank Ltd. and another v. Radha.K.A and another,2016 1 KHC 260(DB)