IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 24239 of 2005(I) -------------------------- PETITIONER(S): --------------- M.PRABHAKARAN NAIR, "BALU VIHAR", NEAR MAIN GATE, NALANCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.ANIL KUMAR SMT.P.UMA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECERETARY, FINANCE DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPOT., SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONARY CIVIL SUPPLIES PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 4. CITY RATIONING OFFICER, SOUTH VANCHIYOOR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R1TO4 SRI.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24239 of 2005 APPENDIX EXHIBITS EXT.P1- TRUE PHOTOCOPY OF THE AUDIT REPORT NO.OS.(HQ) IV-1-12- 2/03-04/285 DATED 9.6.03 EXT.P2- THE TRUE PHOTOCOPY OF THE REPRESENTATION FILED AS EARLY AS ON 17.9.03 EXT.P3- TRUE PHOTOCOPY OF THE GOVERNMENT LETTER NO.208/A2/05/FIN AND CAD DATED 20.6.05 EXT.P4- TRUE PHOTOCOPY OF THE LETTER NO.(CS) H2 23414/03 DATED 16.7.05 EXT.P5- TRUE PHOTOCOPY OF THE ORDER NO.C-647/03 DATED 26.7.05 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).24239/2005 -------------------- Dated this the 13th day of January, 2009 JUDGMENT Petitioner was working as a Rationing Inspector. He joined service in the Revenue Department on 15.9.1976 and later, as Lower Division Clerk in the Civil Supplies Department on 26.7.1983. Petitioner was promoted as Upper Division Clerk with effect from 6.1.1990. While so, he was granted a time bound higher grade. Petitioner's pay was fixed in the scale of pay of UDC with effect from 6.1.1990. As the scale of pay of UDC was revised to Rs.1200-2040 with effect from 1.3.1992, petitioner opted for a revised scale with effect from 1.3.1992. But later, when he was granted time bound higher grade in the scale of pay of Rs.1400-2300/- with effect from 15.9.1996, his pay was accordingly fixed after giving him the benefit of 20 years' time bound higher grade. 23 years' time bound higher grade was granted to the petitioner with effect from 15.9.1996. Later, an Audit party had scrutinized the petitioner's scale of pay with effect W.P.(C).24239/2005 2 from 6.1.1990 and objected to the same on the ground that the petitioner had opted for revised scale with effect from 1.3.1992 and cannot therefore, re-opt with effect from 15.9.1996, merely on the ground that he had completed 20 years of service and was entitled to the IInd time bound higher grade with effect from the said date. It is not disputed that the petitioner's pay was erroneously fixed as well. He has service as an Upper Division Clerk and as a matter of fact, petitioner had opted for fixation of pay with effect from 1.3.1992 and therefore, it cannot be said that the petitioner was unaware of the error in the fixation of pay. Steps taken by the respondents are only steps taken consequent upon the admitted error having been committed. Erroneous fixation of pay was admitted by the petitioner even in Ext.P2. In these circumstances, a direction for refund of the excess pay cannot really be faulted with. Accordingly, I do not find any merit in the writ petition and the same is dismissed. But since the W.P.(C).24239/2005 3 petitioner had retired from service, he must be given an opportunity to refund the excess amount in 36 equal monthly instalments. V.GIRI, Judge mrcs