The judgment establishes the imperative of a hearing before recovery actions regarding salary discrepancies.

JUDGMENT

The petitioner has approached this Court with the following prayers:

i. Call for records leading to Exhibit P4 and Exhibit P5 and issue a writ in the nature of certiorari quashing clause 4 of Exhibit P4 and Exhibit P5.

ii. Issue a writ in the nature of mandamus commanding 1st respondent to consider and pass orders on Exhibit P8 within such time as may be fixed by this Hon'ble Court, after affording an opportunity of hearing to the petitioner and until then stay all further proceedings pursuant to clause 4 of Exhibit P4 and Exhibit P5.

iii. Issue such other orders, writs or directions as are deemed fit by this Hon'ble Court.

iv. award cost of this proceedings to the petitioner.

2. The petitioner is aggrieved by the action of the respondents in attempting to recover a sum of Rs.3,84,581/- from the petitioner under the guise of alleged excess payment of salary as manager of the 2nd respondent Kalanilayam, even without affording an opportunity of hearing to the petitioner.

3. When the matter is taken up for consideration, the learned counsel for the petitioner submits that the grievance of the petitioner has already been projected before the first respondent/Secretary, Department of Cultural Affairs, by way of Exhibit P8 representation and that the petitioner will be satisfied if a direction is given to the first respondent/Secretary, Department of Cultural Affairs to consider and finalise Exhibit P8, at the earliest.

4. In view of the limited extent of relief sought for, this Court does not find it necessary to issue notice to the second respondent for the time being. Accordingly, the Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Exhibit P8, at the earliest, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner and the second respondent.

5. The petitioner shall produce a copy of this judgment along with a copy of this Writ Petition before the first respondent for further steps. Recovery of any amount, pursuant to Exhibits P4 and P5, shall be subject to orders to be passed by the first respondent, as aforesaid.

P.R. RAMACHANDRA MENON JUDGE DMR/-