High Court Kerala High Court

Govindan K.V vs State Of Kerala on 7 January, 2010

Kerala High Court
Govindan K.V vs State Of Kerala on 7 January, 2010
       

  

  

 
 
  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.
                   ------------------------------
                   W.A. No. 739 OF 2009
                   ------------------------------
           Dated this, the 7th day of January, 2010

                       J U D G M E N T

~~~~~~~~~~~

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