M. NAZEEMA Vs. THE DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The original petition is for a direction to quash proceedings of respondents directing the petitioners to refund the salary drawn by them for the period from 14-7-1982 to 23-10-1982. The petitioners were appointed as Last Grade staff in the M. S. M. College, Kayamkulam of which the 3rd respondent is the Principal. Then appointments wish effect from 14-7-1982 were duly reported to the Director of Collegiate Education and the Deputy Director of Collegiate Education, respondents 1 and 2 in the petition. The Director of Collegiate Education approved the appointment of the petitioners with effect from 14-7-1982. Ever since they were working as the last grade employees and were drawing the salary allowed to the post. After several years the first respondent informed the 2nd respondent and through him the 3rd respondent that the petitioners' appointments can be approved only with effect from 23-10-1982. On receiving the said instruction the 3rd respondent wrote to respondents 1 and 2 pointing out that the petitioners were in service without break from 14-7-1982 and they have been granted salary and allowances from that date and that their appointments from 14-7-1982 had already been approved by respondents 1 and 2. Therefore, respondents 1 and 2 were requested that the appointment may be approved from 14-7-1982. But respondents 1 and 2 directed the 3rd respondent to recover the salary paid to the petitioners from 14-7-1982 to 23-10-1982, though the petitioners bad actuality been working in the College during the said period. It is at that juncture the petitioners approached this Court to restrain respondents from recovering the salary paid to the petitioners from 14-7-1982 to 23-10-1982.

(2.) The petitioners are admittedly appointed as last grade employees and their appointment from 14-7-1982 were also approved originally. They worked during the period in question for which salary and allowances have been paid to them. Now the salary paid for the period from 14-7-1982 to 23-10-1982 is sought to be recovered from them on the ground that the posts they were holding were found to be excess of the sanctioned strength for the period.

(3.) It may be that the posts have been sanctioned with effect from 23-10-1982 and for the purpose of their seniority and other service benefits their appointments to those posts can be considered from 23-10-1982. But to ask last grade employees, who have been appointed on 14-7-1982 and working thereafter regularly without objection, to refund the amount of salary and allowances drawn by them during the period they worked is clearly unjust.