Dr.P.G.Pradeepkumar vs State Of Kerala
2021 Latest Caselaw 13253 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                          WP(C) NO. 7940 OF 2014
PETITIONER:

              DR.P.G.PRADEEPKUMAR,
              DEEPTHY, MAYITHARA P.O., CHERTHALA, ALAPPUZHA DISTRICT.

              BY ADVS.
              SRI.M.BALAGOVINDAN
              SRI.T.K.ANANDA PADMANABHAN



RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY HIGHER EDUCATION DEPARTMENT,
              SECRETARIAT, TRIVANDRUM - 695 001.

     2        DIRECTOR OF COLLEGIATE EDUCATION,
              OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
              TRIVANDRUM -695 001.

     3        DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
              MARKET FED BUILDING, GANDHI NAGAR, COCHIN -682 020.

     4        UNIVERSITY GRANTS COMMISSION,
              REPRESENTED BY ITS SECRETARY,
              OFFICE OF THE UNIVERSITY GRANTS COMMISSION, NEW DELHI.

     5        UNIVERSITY OF KERALA,
              REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDING,
              TRIVANDRUM - 695 001.

     6        PRINCIPAL
              S.N.COLLEGE, CHERTHALA - 688 524.

              BY ADVS.
              SR GP SMT REKHA C NAIR
              SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA
              SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
 WP(C) NO. 7940 OF 2014     -2-




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 7940 OF 2014     -3-



                         JUDGMENT

There is no appearance on behalf of the petitioner.

Interim order granted by this Court on 19.03.2014 was

extended for three months vide order dated 08.04.2014

and thereafter there is no such order extending the stay.

The challenge has been laid to communication Ext.P4,

whereby the petitioner was informed that the Deputy

D.C.E. had demanded to refund the Special allowance of

Rs.2,000/- which was already drawn along with the salary.

The petitioner retired in the month of March, 2009,

whereas University Grants Commission Pay Revision for

College Teachers was implemented to the State with effect

from 01.01.2016 as per the Government Order dated

27.03.2010, whereby a sum of Rs.2,000/- was ordered to

the granted to the undergraduate college principals as

special allowance and a sum of Rs.3,000/- for Post

graduate principals. Since the aforementioned order did

not specify grant of any retrospective benefit, the amount

received by the petitioner was ordered to be recovered.

However, vide Government Order dated 05.11.2013 a

clarification was issued by whereby conditions for

eligibility were specified that the special allowance would

be only given to the Principals with Ph.D only. Thus, the

excess amount drawn by the petitioner as special

allowance was sought to be recovered as the petitioner

had retired on 31.03.2009, whereas the benefit of special

allowance was eligible only from 01.03.2010.

I am of the view that there is no challenge to the

Government Order dated 05.11.2013 except the challenge

against Exts.P3 & P4. As the interim order was not

extended after 8.7.2014, by this time, the amount must

have been recovered.

In view of the aforementioned, no ground for

interference is made. This writ petition is accordingly

dismissed.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 7940/2014

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE PER G.O.(P) NO.58/2010/H.EDN. DATED 27/3/2010.

EXHIBIT P2 TRUE COPY OF THE SAID G.O.(P) NO.49/2013/H.EDN. DATED 22/02/2013.

EXHIBIT P3 TRUE COPY OF THE G.O.(MS) NO.684/2013 H.EDN. DATED 5/11/2013 TAKEN FROM THE INTERNET.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION GIVEN BY THE PRINCIPAL S.N.COLLEGE, CHERTHALA, DATED 15/2/2014.