LAWS(KER)-2006-11-323

V. K. SUBRAMANYAN Vs. STATE OF KERALA

Decided On November 28, 2006
V. K. Subramanyan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This original petition depicts the extremely callous and casual manner in which some of the officers of State discharge their duties. The result most often is unnecessary harassment to those who had served the State for years.

(2.) Petitioners in this original petition had retired from service on superannuation on August 31, 1991 while they were working as Senior Foreman (Machines) in the Government Press at Ernakulam, under the Department of Printing and Stationery. As pensioners, petitioners had been receiving their monthly pension which was duly reckoned shortly after their retirement. Then came Ext. P3 notice after a lapse of about 12 years from the date of their retirement. By Ext. P3 notice respondent No. 2 informed the petitioners that they had been paid a sum of Rs.20,069/- in excess towards salary during the period when they were in service. Therefore, petitioners were directed to remit the above sum within 15 days from the date of receipt of Ext. P3 notice, failing which, they were threatened that appropriate action will be taken against them.

(3.) Respondents have not filed counter affidavit so far, presumably and apparently for the reason that the action of respondent No. 2 could not have been justified in any manner. Ext. P3 notice is evidently against Note 3 to R.3 of Part III Kerala Service Rules. It is also against R.3C of the above Rules. Note 3 stipulates that the liabilities of an employee should be quantified either before or after his retirement and intimated to him before retirement if possible or after retirement within a period of three years of becoming pensioner. It further postulates that the liabilities of a pensioner should be quantified and intimated to him. R.3C mandates that notwithstanding anything contained in the rules, recovery of excess payments made to an officer by mistake within a period of four years before his retirement and which are detected within a period of four years after retirement alone can be recovered from his pension and other amounts due to him after retirement.