IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 739 of 2009()
1. GOVINDAN K.V.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.SASINDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :07/01/2010
O R D E R
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
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W.A. No. 739 OF 2009
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Dated this, the 7th day of January, 2010
J U D G M E N T
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Balakrishnan Nair, J.
The petitioner joined Government service as
P.D.Teacher on 2.11.1968. He was promoted as Headmaster
on 24.6.1986. He completed 23 years of service and became
eligible to get Selection Grade in 1991. The Government
issued orders for the benefit of Headmasters, who got
promotion before 1.3.1992 and who would have got Selection
Grade after 1.3.1992 to enable them to get the benefit of
Selection Grade and thereafter on the very same date come to
the scale of pay of the Headmaster’s post. While fixing the
pay of the petitioner/appellant, the said benefit was extended
to him. Later, it was found that he is not governed by the said
Government Order, a copy of which is produced as Ext.P4
dated 9.6.1994. So, his salary was revised and refixed as per
Ext.P2 by the Assistant Educational Officer, Cheruvathur, on
3.8.2000 and he was ordered to repay the excess amount.
W.A. No.739/2009:
– 2 –
Challenging Ext.P2, the Writ Petition was filed. The learned
Single Judge quoted paragraph 2 (ii) (c) of Ext.P4
Government Order and took the view that the
appellant/petitioner does not come under the said paragraph
and upheld Ext.P2. Hence, this Writ Appeal.
2. We heard the learned counsel for the appellant.
Paragraph 2 (ii) (c) of Ext.P4 reads as follows:
“2 (ii)(c): Teachers (P.D) who were promoted
as Headmasters prior to 1.3.1992 and who
would have been eligible for the selection
grade of P.D. Teacher but for their
promotion as Headmasters will be permitted
to have their pay fixed notionally in the
selection grade first on 1.3.1992 or on the
date on which they become eligible for the
selection grade after 1.3.1992 on the basis
of the pay in the revised scale which they
would have drawn had they continued as
Senior Grade Primary Teachers and, then,
based on the pay so fixed in the selection
grade, their pay in the revised scale of pay
of Headmaster will be fixed under Rule 28A,
Part I K.S.R.”
W.A. No.739/2009:
– 3 –
3. It is common ground that the petitioner was
promoted as Headmaster on 24.6.1986 and his turn for 23
years Selection Grade fell due in 1991. If that be so, he is not
entitled to get the benefit of the above Government Order.
So, we find nothing wrong with the impugned order Ext.P2 or
the decision of the learned Single Judge. The learned counsel
for the appellant submitted that in any view of the matter the
excess salary paid to him may not be recovered. But, we
think the said contention cannot be accepted. The appellant
is a Headmaster. He cannot be allowed to keep public money
paid to him wrongly. This view taken by us is supported by
the Division Bench of this Court in Santhakumari v. State
of Kerala [2005(4)KLT 649].
In the result, the Writ Appeal fails and it is
dismissed.
(K. BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps