SAJIKUMAR G Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are Live Stock Inspectors Gr.II in the Department of Animal Husbandry. Before regular appointment through Public Service Commission the petitioners had rendered provisional service in the same post. According to the respondents the petitioners are not eligible to draw D.A during the provisional period of service. But mistakenly D.A was paid to them. Now the amount thus paid is sought to be recovered from the petitioners. Exts.P3 and p4 orders have been challenged in the above background.

(2.) Counsel for the petitioners submits that D.A was paid by the District Veterinary Officer taking note of Government Orders issued on that subject as also the order of the Director of the Department. Having allowed to draw that amount it is unjust on the part of the respondents to direct recovery of the amount from the respondents in lump and that too without issuing notice or affording opportunity to the petitioners to put forward their case.

(3.) Heard Govt. Pleader for the respondents.