LAWS(KER)-1996-11-46

CHANDRASEKHAR PILLAI Vs. STATE OF KERALA

Decided On November 18, 1996
CHANDRASEKHAR PILLAI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner retired on 1.11.1992 as Clerk in an Aided School. While in service the petitioner claimed an amount of Rs.40,135/- in lieu of earned leave salary and the above amount was paid to the petitioner immediately after his retirement. As per Exhibit P1 letter the second respondent informed the Headmaster of the School that the petitioner was allowed to continue in the school as a protected clerk against a protected post for the period form 1972-73 to 30-4-1986 and therefore he was not eligible for any earned leave for the above period. Therefore, the Headmaster of the School was requested to effect refund of the amounts mentioned in Exhibit P1 from the petitioner. Thereafter Exhibits P2 dated 13.3.1996 and P3 dated 22.5.1996 notices were issued to the petitioner requesting to show cause why the pension in full may not be withdrawn permanently. The petitioner challenges Exhibits P2 and P3 in this original petition.

(2.) According to the petitioner, there is no provision in the KSR to pass an order like Exhibits P2 and P3. Having sanctioned and paid the earned leave salary the respondents, after several years cannot turned round and state that what was sanctioned was irregular. The petitioner has also a case that he was really entitled to get the earned leave salary taking into consideration the service which he rendered as protected hand. Learned counsel for the petitioner relied on R.3C of Part.3 KSR which states as follows:

(3.) Learned Government Pleader submitted that R.2 of Part.3 KSR enables the Government to withdraw or withhold a pension either permanently or for a specified period. Therefore, according to the learned Government Pleader, Exhibits P2 and P3 are perfectly justified and passed with jurisdiction.