NARAYANAN T K Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner retired as a Headmaster of a Government Lower Primary School. Before joining in the Government school, he was teaching in an aided school for six months and 15 days between 4.9.1973 and 30.7.1974. He was promoted as Headmaster with effect from 28.5.1987 in the Government L.P. School. The pay of Headmaster was allowed to him on completion of 15 years of continuous service with effect from 1.8.1989. The audit party, after a decade, came to the conclusion that his continuous service in the aided school and the Government school cannot be taken for counting 15 years of service for granting the pay of Headmaster as there is broken service and finally by Ext.P3 order dated 20.12.1999 it was decided to recover the excess pay. His representations and appeals were finally dismissed by Ext.P6 dated 8.8.2001 which reads as follows:

(2.) In Sivankutty Nair v. Secretary to Government, a learned single Judge of this Court held that excess amount paid on account of wrong fixation of pay cannot be recovered unless the employee has in any way contributed to the mistake. That view was overruled by a Division Bench of this Court in Santhakumari v. State of Kerala,, but, even in that case in was observed that in certain cases sympathetic consideration may be required. At paragraph six of the above judgment it was observed as follows:

(3.) We note that the Hon ble Supreme Court in Babulal Jain v. State of M.P., held that in the case of higher salary paid due to mistake, no recovery should be directed to be made. The Apex Court held as follows: