VELAYUDHAN NAIR Vs. SECRETARY, HIGHER EDUCATION AND OTHERS

JUDGEMENT

(1.) Petitioner had retired from Government service on superannuation on 31st May 1993. However, as per order dated 12th June 1995, he had been advised that an amount of Rs. 16,370 would be recovered from him being excess amount received due to erroneous fixation of pay. He points out that there was no reason for such deduction, and there was no notice issued to him about the over payment made. It is also submitted that there was no instance of over payment.

(2.) Petitioner refers to judgments passed by this court in O. P. No. 6864 of 1993 and certain other cases, pointing out that when excess payment had been made, and the amounts are received by the persons concerned without noticing the same, it would have been illogical for the Government to turn round on a later occasion and insist for recovery. Reference was also made to a decision of this Court reported in Satyapalan v. Deputy Director of Education ( 1998 (1) KLT 399 ). The over payments were not permitted to be recovered on the basis of the above said principles.

(3.) Government Pleader on the other hand submits that it is a case where there was a wrong fixation and the petitioner had drawn salary in excess of his entitlement. In fact over payments arose from a wrong fixation consequent to the grade promotions. It is submitted that the amounts had been recovered in fact from his DCRG and the Original Petition had therefore become infructuous. Reference was also made to R.3C of Chap.1 Part.3 of the Kerala Service Rules. The Rule reads as following: