K.S. Radhakrishnan, J.

This matter has been placed before us on a reference by a learned single judge of this court in view of the conflicting views expressed by a learned single judge of this court in Rose v. State of Kerala (2004 (1) KLT 934) and by another learned single judge in Sivankutty Nair v. Secretary to Government (2005 (3) KLT 512).

2. The question posed is whether Government is entitled to recover the amount paid to an employee on account of wrong fixation of pay in a case where employee has not contributed to the whole mistake. Learned judge in Rose’s case, supra (2004 (1) KLT 934) rejected the plea that the Government is disabled from demanding the over payments. Learned judge held that if an officer is denied any benefits he has a right to insist for payment. Likewise, he owes a duty to pay back the excess received by him. The plea that amounts paid are appropriated and one may find it difficult to pay it back can only be a self serving argument and not equitable. We notice that though the decision in Rose’s case has been placed before the learned judge who decided Sivankutty Nair’s case, supra (2005 (3) KLT 512), the learned judge found no reason to follo