THOMAS DANIEL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal raises an issue as to whether increments granted to the appellant, while he was in service, can be recovered from him almost 10 years after his retirement on the ground that the said increments were granted on account of an error?

(2.) The brief facts of the case, in nutshell, are as under:

(3.) In the year 1997, a notice dtd. 9/10/1997 accompanied with an audit report of the respondent no.5­ Account General of Kerala was served on the appellant by the respondent no.4­ District Educational Officer, Kollam with an objection that the period of leave obtained by the appellant for undergoing higher education should not be included while determining his total qualifying service. Therefore, the pay and subsequent increments granted to the appellant should be recovered from him. Meanwhile, the appellant had retired from service on 31/3/1999 and since then he was neither paid pensionary benefits nor death­cum­retirement gratuity (D.C.R.G.). The appellant filed various representations but he received no response.