IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 RP.No. 783 of 2005(E) --------------------- AGAINST THE JUDGEMENT/ORDER IN WA.3144/2000 .................... REVIEW PETITIONERS/APPELLANTS IN W.A: -------------------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, K.S.E. BOARD, ELECTRICAL MAJOR SECTION, CHENDAMANGALAM, VADAKKUMPURAM, N. PARAVUR. 2. EXECUTIVE ENGINEER, ELECTRICAL DIVISION, ALUVA. 3. ACCOUNTS OFFICER (PENSION SPECIAL) OFFICE OF THE CHIEF ENGINEER, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. K.S.E.BOARD, VYDHYUTHI BHAVANAM, PATTOM PALACE, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY ADV. SRI.P.SANTHALINGAM, SC, KSEB SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT/ RESPONDENT IN W.A: --------------------- M.D. LAZAR, S/O. DAVASSY, MANGALATH HOUSE, CHITTATTUKARA, VADAKKEKARA, N. PARUR (VIA), ERNAKULAM DISTRICT. ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM.P.GEORGE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------- R.P.No.783 OF 2005 ----------------------------- Dated this the 15th day of December, 2008 O R D E R ~~~~~~~~ Balakrishnan Nair, J. The review petitioners are the appellants in W.A.No.3144/2000 and the respondents in O.P.No.20429/2000. The respondent herein, who was a Senior Line Fitter, approached this Court, aggrieved by the recovery of excess salary paid to him from 19.4.1979 to June 1999. He retired from service on 30.6.1999. The learned Single Judge allowed the said O.P. filed by the respondent herein challenging the proposed recovery. Direction was also issued by the learned Single Judge to disburse the terminal benefits due to him without making any recovery. The said judgment was rendered on 14.8.2000 in O.P.No.20429/2000. The writ appeal No. 3144/2000 was filed against it. The said appeal was never moved and finally, it came up before the Bench on 8.4.2005. Since the terminal benefits were already paid to the respondent without recovering the excess amount paid, the Division Bench dismissed the appeal as infructuous by the judgment under review dated 8.4.2005. The said judgment is sought to be R.P.No.783/2005. 2 reviewed in this case. It is contended by the review petitioners that the provisions of K.S.R enables the K.S.E.B. to recover the excess payment made. We notice that the respondent is a low paid employee. The payments were spread over for a period of 20 years from 1979. The review petitioners were not vigilant in moving the writ appeal in time, though they filed it on 1.12.2000. Therefore, the judgment of the learned Single Judge was implemented and the respondent has received the amount also. The payment happened to be made because of the delay and laches from the part of the review petitioners. We feel that even assuming Electricity Board has technically some case, it is not in the interest of justice to allow them to make the recovery from the pensionary benefits after the lapse of eight years of payment of it. In the result, the Review Petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) ps R.P.No.783/2005. 3 K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. =========================== R.P.NO.783/2005 =========================== O R D E R DATED 15TH DECEMBER, 2008 ==============================