Dual payment for salary and honorarium for the same period is impermissible under existing rules, as clarified by relevant government directives.

JUDGMENT

Muralee Krishna, J.

Respondents 1 to 6 in W.P.(C)No.2851 of 2018 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 14.11.2024 passed by the learned Single Judge in that writ petition. The respondent-writ petitioner approached this Court with W.P.(C)No.2851 of 2018 filed under Article 226 of the Constitution of India seeking the following reliefs;

“(i) To call for the records leading to Ext.P6 and quash the same by issuing a writ of certiorari or any other appropriate writ, or order or direction;

(ii) To declare that the action of the respondents 2 to 6 in taking steps to recover the salary received by the petitioner from October 2010 to November 2012 is arbitrary and illegal;

(iii) To set aside the action initiated against the petitioner on the basis of Executive orders when there is no bar in claiming honorarium while acting as President of the Panchayath as per Rule 3(A) of the Kerala Panchayath Raj (Honorarium and Allowance to Representative of Peoples) Rules 1995;

(iv) To declare that petitioner is entitled to receive Honorarium as Panchayath President as per Rule 3(A) of the Kerala Panchayath Raj (Honorarium and Allowance to Representative of Peoples) Rules 1995 even while working as Headmistress, in the light of Ext.P8 and Ext.P7 Government order vide G.O. (Ms) No.203/2002/LSGD dated 25.11.2002 and G.O.(P) No.28/98/G.Edn dated 16.1.1998.”

2. The respondent, while working as the Headmistress of A.M.L.P. School, Paipulassery, Kozhikode, contested the election for Local Bodies during October 2010 and got elected as a Member of Ward No.16 of Madavoor Grama Panchayat. Later, she was selected as the President of the Panchayat with effect from 08.11.2010. She was discharging her duties as the President of the Grama Panchayat and was also continuing as Headmistress of the School, by availing eligible commuted leave, casual leave etc. She received salary from the School and also honorarium for functioning as the President of the Grama Panchayat as provided in Rule 3A of the Kerala Panchayat Raj (Honorarium and Allowances to Representatives of People) Rule, 1995.

2.1. According to the respondent, based on an anonymous complaint filed by one of her adversaries, some enquiries were conducted behind her back, of which she was unaware. The respondent states that the appellants, on the basis of mere presumption at the dictates of the opposite party in the Panchayat, decided to recover salary received by her as Headmistress during the period she took up the post of President of Grama Panchayat. On being informed that there are Government Orders stipulating that an employee can take up the post of President of the Local Body only after availing leave, the respondent submitted Ext.P2 resignation from the post of President of the Panchayat with effect from 21.11.2012. Thereafter, apprehending that some coercive action will be taken, she submitted Ext.P3 explanation dated 03.10.2014 to the District Finance Inspection Officer, stating that she had not abdicated her duty as Headmistress and prayed to drop further steps. Likewise, the respondent submitted Ext.P4 representation to the 2^nd appellant to drop all further proceedings against her. By Ext.P5 communication dated 30.03.2015, the 5^th appellant informed the 6^th appellant not to proceed against the respondent based on the complaint that she claimed dual salary from the Education Department and Local Self Government as honorarium. While so, she was served with Ext.P6 communication dated 12.01.2018 from the 4^th appellant by referrin