IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WA.No. 1402 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25035/2005 .................... APPELLANT(S): -------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF TOURISM, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA INSTITUTE OF TOURISM & TRAVEL STUDIES REP. BY ITS SECRETARY, THYCAUD, THIRUVANANTHAPURAM. 3. THE DIRECTOR, KERALA INSTITUTE OF TOURISM & TRAVEL STUDIES REP BY ITS SECRETARY, THYCAUD, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT.K.MEERA. RESPONDENT(S): ---------------------- C.K.VENUGOPAL, LECTURER, COMPUTER SCIENCE & SYSTEMS APPLICATION, KERALA INSTITUTE OF TOURISM & TRAVEL STUDIES THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695 014. BY ADV. SRI.ELVIN PETER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. CJ. & P.S.GOPINATHAN, J ---------------------------------------------- W.A.No. 1402 of 2011 & C.M.Appl.No.830 of 2011 ---------------------------------------------- Dated this the 18th day of October, 2011 JUDGMENT Ramachandran Nair, Ag.CJ. The Writ Appeal is filed with inordinate delay of nearly three years. Before issuing notice on the delay condonation petition, we considered the case on merits. 2. We notice that the relief granted by the learned Single Judge is only against the recovery of excess salary paid on account of fixation of salary and payment of the same by the appellants themselves. It is not clear from the judgment as to whether the higher salary paid to the respondent was payable and if so, from what period. However, what we notice is that the relief granted is only with regard to arrears of salary paid. We do not think that at this distance of time the appellants should be permitted to recover excess salary paid on account of their own WA.1402/11 2 mistake. Consequently, we dismiss the delay condonation petition as well as the Writ Appeal. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE vgs