IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 36291 of 2002(U)
1. B. KUMARI GEETHA, W/O. K. MOHANA KUMAR,
... Petitioner
Vs
1. THE PRINCIPAL, GOVT. VOCATIONAL
... Respondent
2. THE ASSISTANT DIRECTOR, VOCATIONAL
3. THE DIRECTOR, VOCATIONAL HIGHER
For Petitioner :SRI.C.UNNIKRISHNAN (KOLLAM)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/11/2008
O R D E R
S. Siri Jagan, J.
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O.P. No. 36291 of 2002
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Dated this, the 13th November, 2008.
J U D G M E N T
While working as HSA (Mathematics) at Government High
School, Koickal, Kollam, by Ext. P1 order dated 16-2-1996, the
petitioner was posted on deputation as VHSST (Mathematics) at
Government Vocational Higher Secondary School, Vattiyoorkavu,
Trivandrum. The petitioner was thereafter transferred from there to
to VHSS, Eravipuram where she joined on 17-5-1996. Still thereafter,
by Ext. P2, the petitioner was appointed temporarily as HSST under
the Directorate of Higher Secondary Education. While working in the
Vocational Higher Secondary School, the petitioner was given a
special pay of Rs. 250/- in addition to her regular salary. By Ext. P3
dated 28-7-2000, the petitioner was intimated that as per audit
report, the petitioner is liable to refund an amount of Rs. 18,455/-
paid to her as special pay and D.A for the period she was working as
lecturer in Vocational Higher Secondary School. Again, by Ext. P4
order dated 4-9-2001, the Principal of Government Vocational Higher
Secondary School directed the petitioner to refund the amount. The
petitioner filed Ext. P5 representation challenging the recovery.
However, by Ext. P6 order, the Principal of Government Vocational
Higher Secondary School, Eravipuram intimated the petitioner that if
she does not repay the amount within seven days, the Principal would
be forced to report the matter to the Treasury Officer for recovery of
the amount from the petitioner’s salary. In the above circumstances,
the petitioner has filed this original petition challenging Exts.P 3, P4
and P6 for a declaration that the petitioner is not entitled to refund
the amount.
2. In the counter affidavit, the contention of the 3rd respondent
is that the special pay payable to deputationists was cancelled by G.O
(P) No. 220/96(80)/Fin dated 28-2-1996 (Pay Revision Order of 1992).
O.P. No. 36291/2002 -: 2 :-
According to the 3rd respondent , after coming into force of the Pay
Revision Order, deputationists are not eligible for special pay and that
is why the amount was sought to be recovered from the petitioner.
The petitioner would contend that in the Pay Revision Order, there is
no provision wherein special pay for Vocational Higher Secondary
School Lecturers on deputation has been cancelled and therefore the
proposed recovery is wrong.
3. I have considered the rival contentions in detail.
4. Along with the counter affidavit, the 3rd respondent has
produced Ext. R3(a) purported to be the Pay Revision Order relying
on which the amount is sought to be recovered from the petitioner.
But, only two pages of the order are produced, which do not contain
any reference to any special pay or withdrawal of special pay to
deputationists. Apart from the assertion of the petitioner that the Pay
Revision Order does not contain any provision for cancellation of the
special pay, nothing has been produced before me in support of the
same. As such, there is no material before me to decide the matter
one way or the other. In the above circumstances, the only course of
action open to me is to direct the 3rd respondent to decide the matter
after hearing the petitioner. Therefore, the original petition is
disposed of with the following directions:
The petitioner shall file a suitable representation along with a
certified copy of this judgment before the 3rd respondent in the
matter. The 3rd respondent shall consider the same in the light of the
Pay Revision Order of 1992 and ascertain whether there is any
provision in the Pay Revision Order cancelling special pay granted to
deputationists working in Vocational Higher Secondary Schools. The
3rd respondent shall pass a speaking order after affording an
O.P. No. 36291/2002 -: 3 :-
opportunity of being heard to the petitioner as expeditiously as
possible, at any rate, within two months from the date of the receipt
of the representation and the certified copy of this judgment.
Sd/- S. Siri Jagan, Judge.
Tds/