JUDGMENT :

C.S.Sudha, J.

This intra court appeal is against the judgment dated 10/06/2022 in W.P.(C) No.4952/2021. The appellant is the petitioner and the respondents herein, the respondents in the writ petition. The parties in this appeal and the documents will be referred to as described in the writ petition.

2. The petitioner, working as Watchman (Higher Grade) in SAS SNDP Yogam College, Konni, Pathanamthitta, retired on 31/05/2016 on attainment of the age of superannuation. The original pension sanctioned to the petitioner with effect from 01/06/2016 is Rs. 4500/-, which on 21/09/2017 was revised to Rs. 8928/-. At present the petitioner is receiving a monthly pension of Rs.16,460/-. On 08/02/2021, the petitioner was called to the office of the 3rd respondent and was informed that an amount of Rs.3,58,364/-had been paid in excess to him due to certain mistakes that had crept in while computing his pension and that the 3rd respondent is proposing to recover the excess amount disbursed from his pension. The meager amounts received by the petitioner as pension has been spent by him and therefore it would be arbitrary unreasonable, unjustified as well as capricious to recover any amoun