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2021 Supreme(Online)(KER) 24349

HIGH COURT OF KERALA
Devan Ramachandran, J
JESSY M.JOHN – Appellant
Versus
THE STATE OF KERALA – Respondent


JUDGMENT

The petitioner says that she retired from the services of “St.Pauls High School”, Veliyanadu, as Headmistress on 31.05.2016; but that when her pension papers and connected documents were sent to the office of the 3rd respondent – Deputy Director of Education, Ernakulam (DDE), same were returned citing that there is an error in her pay fixation pertaining to the

2009 Pay Revision, with effect from 21.07.2011.

2. The petitioner says that, consequently, the 4th respondent was directed by the DDE to re-fix her salary and allowances and effect recovery of the alleged excess amount drawn with effect from 21.07.02011 and that this was done solely because 3rd respondent did not count her broken periods of service from 15.09.1992 to 19.03.1996 for weightage; and she alleges that, therefore, Ext.P2 Pay Fixation was erroneous. She further says that even though she submitted Ext.P4 explanation before the respondent, it was rejected even without giving her an opportunity of being heard, through Ext.P5 order; and she thus contends that both Exts.P3 and P5 are contrary to law and issued in violation of the judgments of this Court in Kadeeja.A vs. State of Kerala & Another [2014 (4) KLT 349

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