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2021 Supreme(Online)(KER) 37385

HIGH COURT OF KERALA
ALEXANDER THOMAS, K. Babu, JJ
THE ASSISTANT GENERAL MANAGER – Appellant
Versus
S. SARADAMANI – Respondent


Advocates:
BINDUMOL JOSEPH, SRI.B.S.SYAMANTHAK, SRI.A.DINESH RAO, SC, RAILWAYS

JUDGMENT

K.Babu, J.

The order dated 5.9.2019 in O.A.No.122 of 2019, passed by the Central Administrative Tribunal, Ernakulam Bench, is under challenge in this Original Petition filed under Article 227 of the Constitution of India. Respondents 3 and 4 in the O.A., the State Bank of India, Centralised Pension Processing Centre, Thiruvananthapuram and its Branch Manager of Kadavoor Branch respectively are the petitioners. The original applicant and respondents 1 and 2 in the O.A. are the respondents herein.

2. The prayers in the Original Petition are as follows :

“To issue appropriate order or direction setting aside Exhibit P4 order of the Central Administrative Tribunal, Ernakulam dated 5.9.2019 in O.A.No.180/00122/2019 to the extent it limits the right of the Bank to recover the excess payment made to the applicant three years prior to the date when the Bank had informed the applicant i.e., 8.2.2019 and to declare that the Bank is entitled to recover the amount paid in excess during the period November 2013 to January 2016.”

3. Heard Smt.Bindumol Joseph, learned counsel appearing for the petitioners, Sri.A.Dinesh Rao, the learned Standing Counsel for Railways and Sri.C.S.Gopalakrishnan

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