IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20458 of 2008(I) -------------------------- PETITIONER: ------------ 1. Y.MARYKUTTY, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. 2. P.VIJAYALAKSHMY, STAFF NURSE, PRIMARY HEALTH CENTRE, MARANALLOOR. 3. R.SREELATHAKUMARI, STAFF NURSE, MENTAL HEALTH CENTRE, PEROORKADA P.O., THIRUVANANTHAPURAM. 4. P.GEETHA, STAFF NURSE, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. 5. K.SHARMILA, STAFF NURSE, ASHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM. 6. P.R.JAYASREE, STAFF NURSE, GOVERNMENT OPHTHALMIC HOSPITAL, THIRUVANANTHAPURAM. 7. C.P.SHYLAJA, STAFF NURSE, GOVERNMENT HOSPITAL, PEROORKADA. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. WPC.20458/2008 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM. BY BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 20458 of 2008 --------------------------------- Dated this the 14th day of July, 2008. JUDGMENT The issue raised in this writ petition is squarely covered against the petitioners in the light of the judgment of the Division bench of this court in State of Kerala Vs. Ponnamma reported in 2005(4) KLT 987. Learned counsel for the petitioners submits that even if it is so, the respondents should be restrained from effecting recovery of the amount already paid to the petitioners. They refer to the judgment of the Division Bench of this court in WA.No.2662/2007. I am unable to accept the submission of the learned counsel for the petitioners. The Division Bench in WA.No.2662/2007 restrained the Government from recovering the excess amount paid by the Government essentially taking note of the fact that the proceedings for recovery of the amounts have been initiated only after the retirement of the petitioner therein, who retired as the Headmaster of a Government Lower Primary School. Apparently, if actual recovery was sought to be effected several years after WPC.20458 /2008 2 the petitioner has retired, serious hardship will be caused to the petitioner. The situation here is different. The petitioners are still in service and recovery will obviously in instalments spread over a period. Since the claim made by the petitioners is squarely covered by the judgment of the Full Bench of this court, I do not find any ground to interfere with the impugned orders. For all the reasons, the writ petition is dismissed. But it is made clear that if the petitioners pray for easy instalments, such instalment facility shall be afforded to them. V. GIRI, JUDGE. Pmn/ WPC.20458 /2008 3