IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 35650 of 2004(R) ---------------------------------- PETITIONER(S): ------------------ K.K.KASIM, S/O. KONTHALAM, SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): -------------------- 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, ELECTRICAL DIVISION,KERALA STATE ELECTRICAL BOARD, KATTAPPANA, IDUKKI DISTRICT. 4. CHIEF INTERNAL AUDITOR, KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY ADV. SRI.ASHOK M. CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 35650/2004(R) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER NO. PS2/862/88 DATED 11/07/1990 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE LETTER NO. PAY FIX.1/91/214 DATED 20/05/1991 ISSUED BY 11THE RESPONDENT. P3: COPY OF THE LETTER NOPS11/862/88(VOL.11)/573 DATED 23/08/1996 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF BOARD ORDER NO.3215/98 DATED 17/10/1998 ISSUED BY THE 1ST RESPONDENT. P5: COPY OF RELEVANT PAGES OF CIRCULAR NO.1/LTS/98 DATED 06/10/2000 BY THE ISSUED BY THE BOARD. P6: CPPY OF BOARD ORDER NO.288/2000/PSII/862/88 DATED 31/01/2000 ISSUED DBY THE BOARD. P7: COPY OF THE PAY FIXATION IN RESPECT OF SRI.P.T.GEORGE. P8: COPY OF THE PAY FIXATION ORDER DATED 15/02/96 OF SRI. GOPINATHAN ACHARY. P9: COPY OF THE NOTE DATED 04/12/2004 RECORDING AUDIT OBJECTION IN RESPECT OF PETITIONER. P10: COPY OF ORDER DATED 08/10/2002 IN CMP NO.49454/2002 IN OP NO.29054/2002 OF THE HON'BLE HIGH COURT OF KERALA. P11: COPY OF ORDER DATED 12/11/2002 IN CMP NO.56407/2002 IN OP NO.33407/2002 OF THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.35650 OF 2004 ------------------------------- Dated this the 23rd day of September, 2010 J U D G M E N T The question involved in this case is as to whether the action of the respondents in issuing Ext.P9 directing recovery of certain excess amounts allegedly drawn by the petitioner by virtue of wrong fixation of salary is correct or not. That question has been elaborately considered by a learned Single Judge of this Court in a batch of writ petitions in O.P.No.17815/2002 and connected cases. It is not disputed before me that in view of the said judgment, Ext.P9 would not survive. Accordingly, Ext.P9 is quashed. It is declared that the petitioner is not liable to re-fund any amounts pursuant to Ext.P9. If on the basis of this decision the petitioner is entitled to any further benefits in respect of his appointment as Sub Engineer, it would be open to the petitioner to take up the same with the Board and the Board shall consider and pass orders on the same within one month from the date W.P.(c)No.35650/04 2 when the petitioner files a representation in respect thereof. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.35650/04 3