IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WA.No. 146 of 2005 ---------------------- AGAINST THE JUDGEMENT IN OP.5562/2003 DATED 06.07.2004 .................... APPELLANT: RESPONDENTS: ------------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 2. RURAL LAND DEVELOPMENT COMMISSIONER, L.M.S. COMPOUND, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 3. SUB TREASURY OFFICER, PONKUNNAM, KOTTAYAM. BY GOVERNMENT PLEADER SRI N. MANOJKUMAR RESPONDENTS: PETITIONER: ------------------------------- P.H. SHAMSUDHIN, RETIRED BLOCK DEVELOPMENT OFFICER, PUTHUPARAMBIL HOUSE, PONKUNNAM. BY ADV. SRI.T.M.ABDUL LATHEEF THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K.P. BALACHANDRAN, JJ. ---------------------------------------------------------------- Writ Appeal No 146 of 2005 --------------------------------------------------------------- Dated this the 11th August 2008 JUDGMENT Koshy,J. Respondent-petitioner retired from service on 31.05.1999. When his D.C.R.G was paid certain amount was withheld alleging that there was a mistake in the fixation of pay for the period from 10.11.1986 to 13.10.1988. Learned single judge held that under Rule 3C of Part III of Kerala Service Rules, if any payment is made by mistake the Government can recover such excess amount but it should not be for a period of four years prior to retirement and that the excess payment should be detected within four years of retirement. Rule 3C reads as follows: “3C. Notwithstanding anything contained in these Rules, recovery of excess payments made to an Officer by mistake within a period of four years before his retirement and which are detected within a period of four years after retirement may be made from his pension and other amounts due to him after retirement subject to the condition that such deduction if made from his pension shall be effected only in monthly instalments in whole rupees and that the amount of each instalment shall not exceed 10 per cent of the monthly pension admissible to him.” WA 146/05 2 Learned judge held that the alleged excess payment was made during the period from 10.11.1986 to 13.10.1988, obviously beyond the period of four years prior to the retirement and therefore it cannot be recovered as he retired on 31.05.1999 eleven years before the alleged excess payment. The fact that there was excess payment is also not admitted and that also has to be adjudicated. It is submitted that there was no interim order during the pendency of the appeal and the entire D.C.R.G amount was paid. We fully agree with the judgment of the learned single judge and dismiss the appeal. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 11/08/2008 en [true copy]