HARI RAJA PC Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Petitioner is aggrieved by the action of the 3rd respondent to recover amount from the salary of the petitioner without giving any notice or opportunity. According to the petitioner, it is based on an audit objection which state that, date of option should have been granted with effect from 01.03.2006 instead of 04.01.2006. It is also pointed out that, the option exercised by the petitioner during 2006, which was sanctioned by the 3rd respondent in 2006 is changed in 2014 without giving any notice or giving any opportunity to the petitioner. Now, action is initiated to recover amount from the salary of the petitioner alleging that excess salary was granted to petitioner from 2007 onwards by sanctioning option date as 04.01.2006 for 1st higher grade instead of 01.03.2006.

(3.) Case of the petitioner is that, audit objection was issued on a mistaken belief that, petitioner was granted higher grade on the basis of 8th pay revision order which stipulates that, benefit of higher grade under 8th pay revision could be sanctioned only with effect from 01.03.2006. Actually, petitioner was granted higher grade on the basis of 7th pay revision order when he attained 10 years of service and not on the basis of 8th pay revision order. It is also pointed out that, in the 8th pay revision order, first higher grade is sanctioned on completion of 8 years. Though, the Headmaster gave reply stating above factual position, it was not considered and ordered recovery illegally by re-fixing the date of option of petitioner, without giving notice to petitioner. It was on the basis of the same recovery is ordered. According to the petitioner the entire action is illegal.