C H LAILABEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was appointed as a Training School Assistant in the scale of pay of High School Assistants on 31.07.1978 in an aided school. She was granted time bound higher grade applicable to High School Assistants with effect from 31.07.1988 after 10 years. On 02.09.1991, the petitioner was promoted as Headmistress of S.N.V. T.T.T. Kakkazham, Alappuzha. But at that time the petitioner did not have 16 years of service and therefore she was not entitled to Headmaster's scale of pay. She became entitled to Headmaster's scale of pay with effect from 31.07.1994. THE petitioner retired from service on 31.05.2005 after putting in 27 years of qualifying service. In the pay revision orders applicable to the petitioner while she was in service, graduate teachers were given a benefit as per Ext.P3 (ii) (d) which reads as follows:

(2.) THE petitioner was given the benefit of Exts.P3 and P4 and the petitioner's pay was fixed accordingly. THE petitioner now submits that without passing any orders, the fixation of pay granted to the petitioner in accordance with Exts.P3 & P4 Government orders was stated to be cancelled and the petitioner was orally directed to refund an amount of Rs.35,566/- which she was compelled to do. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

(3.) I am totally surprised that the respondents have chosen to cancel the fixation made without passing an order, at any rate without communicating one to the petitioner and demanded refund of amounts by an oral direction. I am of the opinion that the respondents have forgotten that our country is still governed by rule of law. The Government or any of its officers cannot refix pay and obtain refund of excess pay without a written order. Here there is no order either cancelling the fixation made or directing the petitioner to refund any amount. Further I am of opinion that as per the facts disclosed the petitioner is entitled to the benefit of Exts.P3 and P4 and the petitioner's fixation of pay as per Exts.P3 and P4 is correct and therefore she was not liable to refund any amount. Therefore the petitioner is not bound to take into account the cancellation of the fixation or the direction to refund any amount. It is declared so and the writ petition is allowed.