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2012 Supreme(Ker) 736

BABU MATHEW P.JOSEPH
S. Indiramma – Appellant
Versus
District Educational Officer, Punalur – Respondent


Advocates appeared:
For the Petitioner:M.V. Thamban, Mrs. Thara Thambam, Advocates.
For the Respondents: Mrs. M.T. Sheeba, Govt. Pleader.

JUDGMENT

1. This Original Petition is field under Article 226 of the Constitution for quashing Ext. P2 letter issued by the first respondent and for a declaration that no stoppage of pay or recovery from Pay can be effected on the basis of Ext.P2 and for other reliefs.

2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for the respondents.

3. This Original Petition was field in 2002. Learned counsel for the petitioner submits that the Petitioner had retired from service on 31.3.2010.

4. The Petitioner was originally appointed as a U.P.S.A. on 31.7.1978 at the Girls High School, Punalur, an aided school. While so, she was Promoted as H.S.A. (Mathematics) against a leave vacancy. Subsequently, she was reverted as U.P.S.A. due to division fall. She was again promoted as H.S.A.(Mathematics) in a regular vacancy on 3.8.1983. That appointment was approved. The pay has been revised with effect from 1.7.1983 and, accordingly her pay was fixed in the revised scale of pay.

5. While so, there was some audit objection in 1992 in respect of fixation of her pay on her promotion as H.S.A. on 3.8.1983. The Headmistress of the school submitted an explanatio








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