JAMES MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court aggrieved by Exts.P5 and P6 communications issued by the Deputy Director of Education and the District Educational Officer respectively. The petitioner entered service as Full Time Menial in Holy Cross High School, Monippally on 15/9/1981, a school under the 6 th respondent - Corporate Manager. He was promoted as Peon on 12/1/1987 and posted at Holy Family High School, Rajapuram under the same management. Later, on 1/10/1988, he was posted on by transfer appointment on promotion as clerk in St.Thomas Higher Secondary School, Chingavanam. He retired on 31/1/2016 on attaining the age of superannuation. He completed 10 years of service in the post of Clerk on 1/10/1998 and was granted the benefit of Ext.P7 order upon completion of 10 years of service.

(2.) Ext.P5 was issued by the 3 rd respondent - Deputy Director of Education on 9/12/2015 stating that the fixation of pay of the petitioner was found to be erroneous. According to the Deputy Director of Education, the pay of the petitioner was fixed with effect from 1/7/2004 in the scale of pay of Rs.6680.00 Rs.10790.00 at Rs.8390..00 By letter dtd. 6/2/2013, Government clarified that the Clerks in aided schools were entitled only to the table scale with effect from the 2004 pay revision. The Deputy Director of Education, therefore, opined that the petitioner was entitled only for pay scale of Rs.6080.00 Rs.9830..00 Further, it was stated in Ext.P5 that the petitioner was granted Senior Grade (16 years) on 1/7/2006. In the pay scale of Rs.7990.00 Rs.12930.00 at Rs.9190..00 The Deputy Director of Education stated that the said fixation cannot be approved. It was also stated that the petitioner was entitled only for the Third Time Bound Higher Grade of 23 years service, taking into account the service as Last Grade servant also. Hence, the pay of the petitioner was directed to be revised with effect from 1/7/2004.

(3.) Ext.P6 was issued by the 4th respondent - District Educational Officer directing the Headmaster to remit Rs.1,01,678.00 or to recover the said amount from the DCRG of the petitioner. By that time, the petitioner had retired from service.