IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 OP.No. 21289 of 2001(H) ----------------------- PETITIONER: ------------ 1) A.K.PRAKASAN, AMMUPPILLY HOUSE, PIRAROOR P.O., KALADY, PERUMBAVOOR, ERNAKULAM 2) T.N.SADANANDAN, THATTUPURA HOUSE, OKKAL P.O., PERUMATTAM, ERNAKULAM 3) K.E.PATHROSE, KAPPADAKKAMADATHIL HOUSE, CHOONDAKUZHY P.O., ERNAKULAM. 4) N.O.JOSE, NARIKKULAM HOUSE, KANJOOR P.O. ERNAKULAM 5) K.N.SASIDHARAN, KATTUNGAL HOUSE, CHERANALLOOR P.O., KOOVAPPADY, ERNAKULAM. 6) A.G.ANANDAN, ALLADATHUPARAMBIL HOUSE, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM. 7) K.V.SURESH, KAPPARAKKATTU HOUSE, OKKAL P.O., ONAMPILLY, PERUMBAVOOR, ERNAKULAM. 8) T.K.RAVIRAJAN, KOTTAMAM, NEELESWARAM P.O., PERUMBAVOOR, ERNAKULAM. 9) P.A.THOMAS, PUTHENPURAKKAL HOUSE, KANJOOR P.O., THATTANPADI, PERUMBAVOOR, ERNAKULAM. 10) T.G.VASU, THARANILATHU HOUSE, KANJOOR, ERNAKULAM. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- 1) STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2) ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, ALUVA. 3) ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, KALADY. : 2 : 4) ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, PERUMBAVOOR 5) ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, ALUVA. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/03/2008, ALONG WITH OP NO. 31476 OF 2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.34589/2001 IN O.P.NO.21289/2001 DISMISSED. 14-3-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF G.O(MS) NO.10/2001/PWD DATED 2-2-2001 OF 1ST RESPONDENT. EXT.P2. TRUE COPY OF NOTICE NO.KM1 99799 DATED 7-7-2001 ISSUED BY 3RD RESPONDENT, TO 1ST PETITIONER. EXT.P3. TRUE COPY OF NOTICE NO.P 50/96 DATED 5-7-2001 ISSUED BY THE 4TH RESPONDENT TO 2ND PETITIONER. EXT.P4. TRUE COPY OF NOTICE NO.69/98 DATED 13-7-01 ISSUED BY 5TH RESPONDENT, TO 3RD PETITIONER. EXT.P5. TRUE COPY OF NOTICE NO.69/98 DATED 13-7-01 ISSUED BY 5TH RESPONDENT TO 4TH PETITIONER. EXT.P6. TRUE COPY OF NOTICE NO.KM1 99/99 DATED 7-7-2001 ISSUED BY 3RD RESPONDENT TO 5TH PETITIONER. EXT.P7. TRUE COPY OF NOTICE NO.P50/96 DATED 5-7-2001 ISSUED BY 4TH RESPONDENT, TO 6TH PETITIONER. EXT.P8. TRUE COPY OF NOTICE NO.KM1 99/99 DATED 7-7-2001 ISSUED BY 3RD RESPONDENT TO 7TH PETITIONER. EXT.P9. TRUE COPY OF NOTICE NO.KM1 99/99 DATED 7-7-2001 ISSUED BY 3RD RESPONDENT TO 8TH PETITIONER. EXT.P10. TRUE COPY OF NOTICE NO.KM1 99/99 DATED 7-7-2001 ISSUED BY 3RD RESPONDENT TO 9TH PETITIONER. EXT.P11. TRUE COPY OF NOTICE NO.KM1 99/99 DATED 7-7-2001 ISSUED BY 3RD RESPONDENT TO 10TH PETITIONER. / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P.No.21289 & 31476/2001 ----------------------------------------- Dated this the 14th day of March, 2008 JUDGMENT Petitioners approached this court aggrieved by the steps taken for recovery of alleged excess payments. As per G.O(P) No.17/99/Ir.D. dated 18-3-1999 Government extended the benefit of time bound grade promotion to the regularised CLR/SLR workers of Public Works Department and Irrigation Department, counting their CLR/SLR service prior to their absorption into regular service. But there was no mention regarding the date from which the arrears fell due. Subsequently by G.O(P)No.11/2000/Ir.D. dated 9-2-2000 Government clarified that the CLR/SLR workers are eligible for benefits counting their CLR/SLR service specified in the government order dated 18-3- 1999 from the date on which the incumbents became eligible for grade fixation, but the financial benefits will be given only with effect from the date of the order ie. 18-3-1999. However, prior to such clarification the amounts had already been released to the petitioners counting the benefit with effect from the date of O.P.No.21289 & 31476/2001 -:2:- eligibility. It is clear from the counter affidavit also that such benefits were disbursed by the Controlling Authority on the understanding that the incumbents will be entitled for benefit with effect from the date of eligibility for grade promotion. There is no question of any inducement or fraud or representation on the part of the petitioners for such payment. The petitioners are CLR/SLR workers, obviously not very literate and all of them are admittedly poor workers. The payments have already been made long back. It will be highly unjust and unreasonable to recover the same at this distance of time. After all it is only a question of interpretation as to the eligibility for arrears. Admittedly all the incumbents became eligible for higher grade fixation on the dates now fixed. If that be so, what is paid to them is only the benefits flowing out of the fixation. The clarification that the benefits would be available only from the date of the order came only subsequently by which time the payments had already been made long back. In such circumstances there is no point in recovering the same from the petitioners. The counsel also submitted that in many cases this court has taken a similar view O.P.No.21289 & 31476/2001 -:3:- to the effect that in cases where the amounts have been paid that will not be recovered. For all the above reasons these writ petitions are disposed of making it clear that there shall be no recovery of the benefits flowing out of the higher grade fixation already disbursed to the petitioners from the date the petitioners became eligible for such fixation. It is made clear that in case there is any mistake with regard to the counting of the period of CLR/SLR service, it will be open to the respondents to correct the same after putting the petitioners to notice. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.21289 & 31476/2001 ----------------------------------- JUDGMENT 14th March, 2008