IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 11314 of 2009(H) -------------------------- PETITIONER(S): --------------- C.P. THOMMAN, RETD. ESTT. WORKER GRADE -II, M.I. SECTION MUVATTUPUZHA, RESIDING AT CHOLLAKKAT, NORTH MAZHUVANNUR P.O., MUVATTUPUZHA. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ADD. CHIEF SECRETARY, WATER RESOURCES DPARTMENT. GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, M.I. DIVISION, ERNAKULAM. 4. ASST. EXECUTIVE ENGINEER, M.I. SUB DIVISION, MUVATTUPUZHA. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 11314 of 2009 --------------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The petitioner is a CLR Worker. He retired from service on 31.07.2004. His service was regularized with effect from 20.01.1990 as per the provisions contained in G.O.(P) No.6/90/PW & T dated 20.01.1990. He has been given Time Bound Higher Grade benefits also. 2. The petitioner was sanctioned the pensionary benefits as per Ext.P1. While so the 4th respondent as per Ext.P2 letter to the Accountant General, intimated that an excess amount of Rs.1,36,729/- has been paid to the petitioner as salary due to erroneous fixation. This was challenged in W.P.(C) No.17505/2006 by him. There were other writ petitions in the manner filed by similarly placed persons. Presently, by Ext.P6, the Government has waived the excess arrears of pay and allowances drawn by similarly placed persons and has directed the concerned authorities not to recover the excess amount already paid to them as a special case. 3. His complaint is that even though the petitioner is a similarly placed person, his name was not included in the above wpc/11314 of 2009 2 G.O even though 128 similar workers are benefitted and the recovery against him has not been exempted even though the Government has passed the order. Accordingly, he has filed Ext.P7 representation before the Chief Engineer in the matter. There will be a direction to the second respondent to consider and pass orders on Ext.P7 representation in the light of Government order and grant the benefits to him in accordance with the same within a period of six months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE bps