Writ Appeal against an order prohibiting recovery of excess salary paid by mistake to a retired head master. The High Court dismissed the appeal on specific facts, declining to set a precedent. The judgment addresses recovery of funds paid by mistake after retirement.
The Writ Appeal is dismissed, upholding the Single Judge's judgment prohibiting recovery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
FRIDAY, THE 16TH DAY OF MARCH 2012/26TH PHALGUNA 1933
WA.No. 489 of 2012 () IN OP/4834/2002
AGAINST THE ORDER/JUDGMENT IN OP.4834/2002 DATED 21/07/2011
APPELLANT(S)/RESPONDENTS IN O.P.:
1. STATE OF KERALA REPRESENTED BY SECRETARY
GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. ASSISTANT EDUCATIONAL OFFICER
KUTHUPARAMBU P.O., KUTHUPARAMBU, KANNUR DISTRICT.
BY ADV.LIJU STEPHEN, GOVERNMENT PLEADER
RESPONDENT(S)/PETITIONER IN O.P.:
P.SADANANDAN HEAD MASTER, S/O. SANKARAN, VANIVILASAM L.P.SCHOOL THRIKKANNAPURAM P.O. KANNUR DISTRICT-679573.
BY MRP.M.PAREETH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR & BABU MATHEW P. JOSEPH, JJ.
W.A.No. 489 of 2012
Dated this the 16th day of March, 2012.
J U D G M E N T
Ramachandran Nair, J.
Even though learned Government Pleader has relied on
the statutory Rule for recovery of excess amount paid under mistake to employees even after retirement, what we notice in this case is that the payment was given 16 years back and the excess salary happened to be paid only on account of mistake
by the paying authority and the respondent has no contribution in it. Further the amount involved is only about Rs.50,000/-. Therefore, we do not want to interfere with the learned Single Judge's judgment prohibiting recovery. However, the judgment need not be treated as a precedent in every other case.
This Writ Appeal is dismissed as above.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(BABU MATHEW P. JOSEPH, JUDGE)
jg
1 issue framed by the court
Whether the court should interfere with the single judge's order prohibiting recovery of excess salary paid by mistake even after retirement.
State of Kerala Represented By Secretary General Education Department
P. Sadananandan
C.N.Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
