IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 10982 of 2005(G) ------------------------------------- PETITIONER: --------------- SMT.T. MADHAVI, W/O. M. VASU, MARUVETIL, CHEMPANNUR, ANGAMALI SOUTH, ERNAKULAM DISTRICT. (NURSING SUPERINTENDENT GRADE II, GOVT.HOSPITAL, ALUVA.) BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT, GOVT.HOSPITAL, ALUVA. 5. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, IRIVERY, KANNUR DISTRICT. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON 18/12/2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.10982 of 2005 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Petitioner is aggrieved since steps have been taken to recover the alleged excess amount drawn by her consequent on the reoption exercised by her. It has been consistently held by this court that the reoption exercised based on the Government Order prevailing at the time of reoption has to be treated as validly made. The reoption thus having been made based on the Government Order prevailing at the time of reoption, there cannot be any recovery. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.10982 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.