P.Sasikumar v. The Commissioner
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 24973 of 2015 (V) ---------------------------------------- PETITIONER(S):
-------------------------- P.SASIKUMAR AGED 58 YEARS U.D.CLERK, SREE AYYANPPANKAVU DEVASWOM CHERUPULASSERY PALAKKAD DT., PIN:679 665 RESIDING AT PUTHENKOVILAKAM NELLAYA CHERUPULASSERY P.O., PALAKKAD DT 679 503.
BY ADV. SRI.K.P.SAILESH (KECHERY) RESPONDENT(S):
----------------------------
1. THE COMMISSIONER OFFICE OF THE COMMISSIONER OF MALABARDEVASWOM BOARD HOUSE FED COMPLEX, ERANJIPALAM, KOZHIKODE PIN: 673 006.
2. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONERMALABAR DEVASWOM BOARD PALAKKAD 679 503.
3. THE MANAGING TRUSTEE SREE AYYANPPANKAVU DEVASWOM, CHERUPULASSERY PALAKKAD DT, PIN: 679 503.
4. THE SECRETARY REVENUE DEVASWAOM DEPARTMENTGOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM 679 001
5. THE PRINCIPAL ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERALGOVERNMENT OF KERALA THIRUVANANTHAPURAM.
R BY GOVERNMENT PLEADER, SMT. LOWSY A.
R BY SRI.PARTHASARATHY.B, SC, MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 24973 of 2015 (V) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:
TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT 1 NO.92/87/97 DATED 27/8/1988 EXT.P2:
TRUE COPY OF THE APPLICATION BEARING NO.92/87/97 DATED 9/9/1988 SUBMITTED BEFORE THE OFFICE OF THE 1ST RESPONDENT BY THE 3RD RESPONDENT TO APPROVE THE APPOINTMENT OF THE 1ST RESPONDENT EXT.P3:
TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 23/7/2014 REGARDING THE PROMOTION OF THE PETITIONER AS SENIOR CLERK EXT.P4:
TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS) NO.116/2009 DATED 28/2/2009 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT OFFICE AS TO THE FIXATION OF SALARY OF THE EMPLOYEES OF MALABAR DEVASWOM BOARD EXT.P5:
TRUE COPY OF THE CIRCULAR BEARING NO.H-41665/09 DATED 18/3/2009 STATING THE CRITERIA FOR SALARY FIXATION ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT EXT.P6:
TRUE COPY OF THE IMPUGNED ORDER BEARING NUMBER A6/1032/2014/M.D.B (KDIS) DATED 31/3/2014 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT EXT.P7:
TRUE COPIES OF THE TABLE OF THE SALARY INCREMENTS OF THE EMPLOYEES OF THE 3RD RESPONDENTS BEARING NO.AD/01/A4/014 DATED 25/6/2014 SUBMITTED BEDSORE THE 1ST RESPONDENT EXT.P8:
TRUE COPIES OF THE REPRESENTATION DATED 25/6/2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P9:
TRUE COPY OF THE REPRESENTATION BEARING NO.AD/01/78/2014 DATED 2/7/2014 SUBMITTED BEFORE THE 1ST RESPONDENT EXT.P10:
TRUE COPY OF THE IMPUGNED ORDER NO.A6/3440/2014/MDB DATED 22/7/2014 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT EXT.P11:
TRUE COPY OF HTE REPRESENTATION DATED 20/6/2014 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P12:
TRUE COPY OF THE REQUEST LETTER BEARING NUMBER AD/01/ DATED BEARING NUMBER AD/01/ DATED 27/8/2014 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE 3RD RESPONDENT EXT.P13:
TRUE COPY OF THE LAWYER NOTICE DATED 23/3/2015 ISSUED TO THE 1ST RESPONDENT EXT.P14:
TRUE COPY OF THE REPLY NOTICE BEARING NO:J5-6368/14/MDB (2) DATED 17/4/2015
EXT.P15:
TRUE COPY OF THE SALARY CERTIFICATE OF THE PETITIONER DATED 3/6/2015 RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL // True copy // PA to Judge das
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 24973 of 2015 ===================================================== Dated this the 18th day of August, 2015
JUDGMENT
The petitioner, who is now working as Upper Division Clerk under the Malabar Devaswom Board, is aggrieved by Ext.P6 order that has been passed, whereby his scale of pay has been wrongly fixed through an erroneous application of the guidelines prescribed in Ext.P5. It is his case in the writ petition that, consequent to Ext.P6, and as a result thereof, he has also been served with Ext.P10 order, by which amounts allegedly paid to him in excess have been directed to be recovered from him. Aggrieved by Exts.P6 and P10, he has approached the 1st respondent with Ext.P11 representation and the limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P11 representation, after hearing the petitioner and, to keep Exts.P6 and P10 in abeyance till such time as the 1st respondent passes orders on Ext.P11 representation.
2.
I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondent Board.
3.
The learned Standing Counsel, on instructions, would submit that by Ext.P10 the respondents are only trying to recover
-2W.P.(C). No. 24973 of 2015 amounts, that were paid to the petitioner in excess pursuant to a calculation mistake that was committed by them, while sanctioning the various amounts in accordance with Ext.P5 guidelines. The contention of the petitioner that Ext.P6 has been passed by an erroneous application of guidelines in Ext.P5 is also disputed by the learned Standing Counsel.
4.
On a consideration of the submissions of counsel on either side, I am of the view that the interests of justice would be met by directing the 1st respondent to consider and pass orders on Ext.P11 representation, that has been preferred by the petitioner against Exts.P6 and P10 that were served on the petitioner. Accordingly, I direct the 1st respondent to consider and pass orders on Ext.P11 representation, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that, till such time as orders are passed by the 1st respondent as directed, and communicated to the petitioner, the recovery of amounts contemplated under Ext.P10 shall be kept in abeyance. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1st respondent for further action.
The writ petition is disposed as above.
Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das