(1.) Petitioner is a retired Headmaster of a Government High School. He was promoted and posted as Headmaster in the Government High School, Adimaly in the month of August 1993. His date of birth is 7-9-1938 and the date of superannuation is 7-9-1993. The date of retirement was extended till 31-3-1994 as per the provisions contained in R.60 Part 1 of the Kerala Service Rules.
(2.) Subsequent to his promotion as Headmaster petitioner applied for commuted leave on 4-9-1993 till 30-11-1993. The application was filed before the date of superannuation. Petitioner was having 301 days of eligible leave to his credit. The leave requested for was sanctioned by the 2nd respondent by Ext. P1 order. Pay slip was also issued and the leave salary was drawn for the months of September, October and November. Before the expiry of the period of leave petitioner again applied for extension of leave with effect from 1-12-1991 till 31-1-1994. That request was also granted and petitioner continued on leave For approval of the leave the application had been forwarded to the Accountant General, the 2nd respondent (wrongly mentioned as third respondent in the original petition), While so petitioner was served Ext. P4 order informing him that leave granted from 4-9-1993 to 30-11-1993 was permissible provided he returned to duty on 1-12-1993, Since he had applied for extension of leave from 1-12-1993, which was not permissible, the Accountant General informed by Ext. P4 that petitioner should be retired from service with effect from 30-9-1993. Though Ext. P4 does not contain such a statement it is alleged in the petition that it was directed in Ext. P4 that a sum of Rs. 10,420/- being excess leave salary paid to petitioner has to be recovered from his death cum retirement gratuity and credited in the respective head. Petitioner challenges Ext. P4 and seeks a writ of certiorari to quash that order and to allow petitioner to continue as Headmaster till 31-3-1994. A writ of certiorari to quash the proceedings taken by respondents for recovery of salary drawn by petitioner during the months of September, October and November 1993 is also claimed.
(3.) Notice was served on respondents. No counter affidavit was filed.