IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 11869 of 2004(K) -------------------------- PETITIONER(S): --------------- K.V.RAMACHANDRAN PILLAI, SIVAPRASADAM, MARUTHADY P.O., KOLLAM, RETD. WORKS SUPERINTENDENT PWD., KOLLAM. BY ADV. SRI.B.RADHAKRISHNA PILLAI SMT.S.AMBIKA DEVI SMT.BABY JOSE SRI.R.JYOTHIKRISHNAN SMT.K.B.REKHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. THE ACCOUNTANT GENERAL (A&R), THIRUVANANTHAPURAM. 3. THE MANAGER, STATE BANK OF TRAVANCORE, CIVIL STATION BRANCH, KOLLAM-691 013 4. SUB TREASURY OFFICER, PENSION PAYMENT SUB TREASURY, CIVIL STATION, KOLLAM. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R3 GOVERNMENT PLEADER SRI. P. HANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON 21/12/2009 DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True photocopy of letter No.AGM/IV/T/384 dated Ist March, 2004 issued to the petitioner by the 3rd respondent. Ext.P2. True copy of the Discharge Card issued by Sree Narayana Trusts Medical Mission, Kollam dated 20.1.2004. // true copy// P.A to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.11869 OF 2004(K) -------------------------------------------------- Dated this the 21st day of December, 2009 J U D G M E N T Petitioner retired from service as Works Superintendent on 31.5.1994. His revised pension was fixed at Rs.4,480/-. Accordingly, he was received payment from 1.3.1997. On 1.3.2004, Ext.P1 was issued revising the pension of the petitioner and fixing the same at Rs.3,480/- and proposing to recover from him the differential amount of Rs.1000/- that he received for the period from 1.3.1997. It is challenging Ext.P1 that the writ petition is filed. 2. A counter affidavit has been filed by the 4th respondent. In paragraph 3, it is stated that in the light of G.O(P). No.3001/98/Fin dated 25.11.1998, the pension of the petitioner was revised and should have been fixed at Rs.3480/-. It is stated that by a mistake his pension was quantified at Rs.4480/- and that in the audit that was conducted in the Bank on 10.4.2003, the mistake was found out. It is stated that thereafter Ext.P1 order was issued for refixing the pension and proposing to recover the excess payment. WPC.No. 11869/04 :2 : 3. Evidently therefore, there has been a mistake committed. The respondent has no case that the petitioner was responsible or instrumental for this. If that be so, it will be too harsh to recover the amount erroneously fixed and paid to him from the pensionary benefits of the petitioner. Taking into account the above, I dispose of this writ Petition, quashing Ext.P1 to the extent it orders recovery from the petitioner. (ANTONY DOMINIC) JUDGE vi/