Educational authorities are obligated to finalize proceedings regarding timely salary payments while addressing any excess payments received by staff.

JUDGMENT :

VIJU ABRAHAM, J.

The above writ petition is filed challenging Ext.P8 proceedings and for a consequential direction to the 4^th respondent, DEO to disburse the salary and allowances withheld from July 2017 till April 2019 to the petitioner for her service as HSA(Malayalam) in the Higher Secondary School, Mundur.

2. The brief facts necessary for the disposal of the writ petition are as follows: The petitioner is presently working as High School Teacher (Malayalam), in the aided Higher Secondary School, Mundur and she was appointed by the 5^th respondent, Manager on 01.06.2015 as HSA(Malayalam), which is approved by the 4^th respondent, DEO as per Ext.P1 order dated 01.07.2016. On 01.06.2016, one K.R.Ratheesh, another High School Teacher(Malayalam) in the Higher Secondary School, Mundur, resigned from the post and the Manager appointed one Greeshma Raj as HSA(Malayalam) against the said resignation vacancy on 01.06.2016, which was also approved by the 4^th respondent, DEO. Later, Smt.Greeshma Raj also resigned from the post of HSA(Malayalam) on 11.12.2017. The 4th respondent, DEO as per Ext.P2 communication, informed the 5th respondent, Manager, that permission has been sought to revise the Staff Fixation Order for 2015-2016, alleging a mistake in sanctioning the post of HSA(Malayalam) in the school and directed to withhold the salary of the petitioner as well as Smt.Greeshma Raj. Based on Ext.P2, the 3rd respondent, DDE issued Ext.P3 proceedings, directing the 4^th respondent DEO to revise the Staff Fixation Order for 2015- 2016 of Higher Secondary School, Mundur, and directed the 5^th respondent-Manager to take steps for recovery of the salary paid to the petitioner as well as Smt.Greeshma Raj, appointed as HSA(Malayalam) in the School, treating that no vacancy was available to make an appointment during the year 2015-2016 and that only one vacancy that arose is by a resignation during the year 2016-2017 in the school. The 5^th respondent, Manager, in compliance with Ext.P4, issued proceedings dated 29.12.2017, accepting the resignation of Smt.Greeshma Raj, with effect from 01.06.2016 and undertaking to remit back the salary paid her, and to accommodate the petitioner in the vacancy which arose by resignation on 01.06.2016, and to regularising her service, with consent to recover from the petitioner, the salary disbursed. Petitioner was not paid salary since July,2017 pursuant to Ext.P2 and aggrieved by the same, petitioner has approached this Court by filing WP(C) No.33538 of 2018 seeking a direction to the 2^nd respondent to consider Ext.P5 revision petition filed against Ext.P2 and to direct disbursement of salary to the petitioner. This Court, by Ext.P6 judgment, disposed of the writ petition with a direction to the 2nd respondent to consider Ext.P5 revision petition within a period of two months. Pursuant to the said direction, Ext.P7 order was issued directing to revise the sanction of the post of HSA(Malayalam) and to disburse the legitimate salary and allowances due to the petitioner. Later, petitioner was paid salary and allowances pursuant to Ext.P7 order only from 01.04.2019, whereas she is entitled to get arrears of salary due from July 2017 onwards. While so, the 4^th respondent issued Ext.P8 communication directing the 5th respondent and 6th respondent to remit back the salary disbursed to the petitioner during the period from 15.07.2015 till 01.06.2016 and to report compliance. It is in the said circumstance that the petitioner has approached this Court. 

3. A detailed counter affidavit has been filed by the 4^th respondent, DEO, contending that at the time of staff fixation for the year 2017- 2018, it was found that one post of HSA(Malayalam) has been irregularly sanctioned w.e.f 2015-2016 and in rectificat