P.V. BYJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P10 order dated 05.10.2016 issued by the Deputy Director of Education, Ernakulam to the Headmaster of St. Thomas Higher Secondary School, Kurumassery, Ernakulam District, who is the 4th respondent herein, directing to recover excess amount of salary paid to the petitioner after re-quantifying the salary revision done during the period 2004 and 2009, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner joined as a Clerk in the St. Thomas Higher Secondary School, Kurumassery, Ernakulam District on 25.06.1990, and presently working as a Clerk (3rd Higher/Selection Grade). The appointment of the petitioner was approved. On completion of 10 years of service, petitioner was granted First Time Bound Higher Grade on 25.06.2000 and fixed the pay of the petitioner in the scale of pay of Rs.4000-6090 and fixed at Rs.4000/-. Pursuant to pay revision, pay was re-fixed in the scale of pay of Rs.6680-10790 and fixed at Rs.7990/-. Later, petitioner was granted 2 nd Time Bound Higher Grade promotion on completion of 16 years of service and the scale of pay was fixed at Rs.8390- 13270 and fixed at Rs.8790/-. Pursuant to pay revision, pay of the petitioner was fixed in the scale of pay of Rs.14620-25280 and fixed at Rs.17420/-, which is equal to the pay of the Head Clerk. Later, on completion of 22 years of service, petitioner was granted Selection Grade and the pay was fixed in the scale of pay of Rs.15380-25900 and fixed at Rs.19,740/-. Later, in the light of 2014 Government Order viz., Ext.P6, pay of the petitioner was fixed in the scale of pay of Rs.16180-29180 and fixed at Rs.19740/- as applicable to the scale of Junior Superintendent, strictly in adherence to the Government Order above.

(3.) Pursuant to pay revision as applicable to the Junior Superintendent, the District Educational Officer, Aluva, i.e., the 3rd respondent sanctioned revised scale at Rs.30700-65400 and fixed the pay at Rs.42,500/- with effect from 01.07.2014 and the petitioner is receiving the said salary at the time of filing of the writ petition. But the Deputy Director of Education and the District Educational Officer, Ernakulam and Aluva respectively, objected the same and without giving an opportunity to hear the petitioner, it is proposed to effect recovery from the salary of the petitioner without any justifiable reasons, as per Ext.P10. According to the petitioner, the pay scale of the petitioner was fixed in accordance with the applicable Government Orders and, therefore, the recovery sought to be made against the salary paid cannot be sustained under law, and it is also arbitrary and illegal, liable to be interfered with by this Court under Article 226 of the Constitution of India.