S P KRISHNAKUMAR Vs. GURUVAYOOR DEVASWOM MANAGING COMMITTEE

JUDGEMENT

(1.) After undergoing 10 years training, the petitioner had been appointed as Music Artist Grade III on 03/05/1997, by the Guruvayoor Devaswom. Although the training was over by 12/10/1996, for want of regularisation, he had been continued to be paid only a stipend. The petitioner claims that he was attending to the work of Grade III Artist from the above said date.

(2.) Later on, in its wisdom, the Managing Committee had given retrospective effect to the appointment from 12/10/1996. But the employee had been advised that consequent thereto there will not be any monitory benefits. Perhaps taking into account the representation submitted by the petitioner and persons similarly situated, by Ext. P5 order dated 07/03/2000, the Managing Committee had extended the benefit of salary, in the prescribed scale, for the above said period as well. In respect of the petitioner, after adjusting the stipend paid for the period, additionally Rs.11,355/- had been given.

(3.) After over three years, on 24/05/2003 he had been advised that the monitory benefits so granted was proposed to be recovered. This was stated to be for the reason that the Local Fund Audit had objected about the grant of pay, since the statute did not postulate extension of such benefits. He was asked to pay back a sum of Rs.11,355/-. The writ petition followed. The petitioner submits that after extending the benefits, which was prescribed by a decision of the competent authority, it could have been cancelled and that too after years.