Point of Law: Failure of the respondents to communicate the objections as regards excess payment within a reasonable time after the grant of benefits would be iniquitous.

JUDGMENT :

1. By Ext.P6 order impugned in this Writ Petition, the 3rd respondent has ordered that the grant of the scale of Rs. 4000-6090 on the petitioner becoming eligible for First Time Bound Higher Grade (‘TBHG’ for short) on 13.8.1999 was irregular. As a consequence, the 4th respondent was directed to recover the alleged excess payment of salary to the petitioner and to furnish a fresh fixation statement by fixing the scale as Rs. 3350-5275 with effect from 13.08.1999 onwards.

2. Brief Facts of the case are as under:

(1) By Ext. P1 order, the petitioner was appointed as attender at the MSS TTI, an aided school under the ownership and management of the 5th respondent, with effect from 1.12.1987. The petitioner was later promoted as Clerk and he was posted at the MGM High School, Puthuppady with effect from 01.11.1989. After working in various schools under the same Corporate Management, he was finally posted to MD Seminary Higher Secondary School with effect from 27.04.2011. While continuing in service as aforesaid, he attained superannuation on 30.4.2021.

(2) The petitioner refers to Ext.P2 series and contends that he has cleared all the required tests in tune with Ext.P3 Government Order, which mandates that persons to be promoted as UD Clerks in Aided Schools has to necessarily clear the Account Test (Lower) and tests in Kerala Education Act and the Rules.

(3) According to the petitioner, the Government by Ext.P4 order has reiterated that the benefit of higher grade promotion granted to Government employees on completion of 13 years of service in the entry grade as per the Government orders mentioned therein shall be extended to the non-teaching staff of the corresponding grades in Aided Schools, Private Colleges and Private Polytechnics, who come under the scheme of direct payment of salary by the Government on the same terms and conditions specified therein. On the basis of Ext.P4 Government Order, the petitioner on becoming eligible for the FTBG was granted the grade of UD Clerk in the Government Service on the scale of pay Rs. 4000-6090 by the 4th respondent.

(4) This was on completion of 10 years of service in the cadre of the clerk. It is contended that the petitioner was thereafter granted the 2nd, 3rd and 4th Time Bound Higher Grade as per Exhibit P5 series orders consequent to the issuance of pay revision orders by the Government. It is contended that the pay fixation consequent to the grant of grades and pay revision orders were subjected to audit by the office of the 3rd respondent from time to time and at no point of time was any objection noted.

(5) The petitioner states that he was due to retire on 30.04.2021 and the pension papers were submitted to the 3rd respondent on 12.11.2020 through the office of the Headmaster for sanctioning the terminal benefits. The 3rd respondent has now issued Ext.P6 order stating that the grade which ought to have been granted to the petitioner should have been in the scale of Rs. 3350-5275 with effect from 13.08.1999 and accordingly directions were issued to the 4th respondent to re-fix the salary and grades granted to the petitioner with effect from 13.08.1999 and also to take steps to recover the excess amounts received by the petitioner. Further directions were issued to the 3rd respondent to submit the pension proposal after preparing a revised pay fixation statement and to submit the same before the 3rd respondent.

3. Being aggrieved the petitioner is before this court seeking the following reliefs:

(i) To call for the records leading to the issuance of Exhibit P6 proceedings of the 3rd respondent and set aside the same by issuing a Writ of Certiorari.

(ii) To declare that the scale of Rs. 4000-6090 granted to the petitioner w.e.f. 13.08.1999 at the time of 1st Time Bound Higher Grade is in order and cannot be altered or modified.

(iii) To declare that in view of Exhibit P3, P4, P9, P10, P11, P12, P13, and P14 Government orders petitioner is eligible to get the scale of Rs. 4000-6