E VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is aggrieved by Ext.P2 communication from the 2nd respondent proposing to recover the salary already paid to him during 15.7.1993 to 31.3.1994. There is no dispute that the petitioner had worked as Assistant Teacher under the 4th respondent. At the relevant time salary was also paid without any demour. It is seen that Ext.P2 order is passed pursuant to the directions issued by this court in Ext.P3 judgment in O.P.No.5416/1994. The issue pertains to the staff fixation during the relevant year. According to the 3rd respondent, for the year 1993-94 there was no post to accompany the petitioner. Ext.P2 order dated 29.10.2003 is passed pursuant to Ext.P1 revision of staff fixation dated 29.9.2003. The issue is of the year 1993-94 academic year. Since the petitioner has actually worked in the school and since the revision of staff fixation is far later, it is not necessary to make any recovery. The petitioner shall be deemed to have been duly paid the salary. The interim order dated 28.11.2003 is made absolute and the writ petition is disposed of as above.