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2021 Supreme(Online)(KER) 3121
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
RAJMOHAN M. L. – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/26893/2020
ADV SHANKAR V.
Employees cannot be compelled to repay amounts received under lawful orders unless a fault is proven against them, especially after significant time has elapsed.
Headnote:
Recovery - Petitioners' Earned Leave - KSR Part I Rule 81, Ext.P1, Ext.P2, Ext.P5 - The court ruled that the recovery of amounts paid to petitioners for enumerator work was impermissible as they acted under valid orders, and no fault was attributable to them.
Fact of the Case:
The petitioners, aided school teachers, challenged the respondents' decision to recover excess amounts paid to them for census work, claiming they followed valid government orders granting them earned leave for the days worked.
Finding of the Court:
The court found that the petitioners were rightfully granted earned leave based on valid orders and could not be penalized retrospectively for amounts paid years earlier without any fault on their part.
Issues: Whether the recovery of amounts paid for census duty based on government orders was lawful given the absence of fault by the petitioners.
Ratio Decidendi: Recovery of benefits granted under valid orders is not permissible without a fault attributable to the recipient, especially after such a long duration since receipt.
Final Decision: The petitioners' writ petition is allowed, and the orders for recovery are quashed.
JUDGMENT
The petitioners herein are aided school teachers serving in the Lower Primary, Upper Primary, High School and Higher Secondary sections under various managements in the Palakkad district. They have approached this Court being aggrieved by the order issued by the respondents directing them to return the amounts paid to them for undertaking the enumerator work in connection with the preparation of the National Population Register (NPR) on the ground that they had been granted Higher Earned Leave than what was eligible to them.
2. It is the case of the petitioners that they had undertaken the enumerator work in connection with the preparation of the NPR on the basis of the list prepared by the District Administration. They were issued with letters by the revenue authorities and they were directed to report for the Census Training Programme to be held on 5th -7th of April, 2010 in various centres in the Palakkad District. After completion of the training, they had undertaken the census operation from 12.4.2010 to 27.5.2010. All the petitioners are stated to have worked for 45 days after the training. The revenue authorities have certified that the petitioners have engaged themselves during the aforesaid period in connection with the Census duty as is evident from Exts.P4, P4(a) and P4(b) issued in respect of petitioners No.22 to 24. They contend that similar certificates have been issued to others as well. The Headmaster of the respective school has sanctioned Earned Leave Surrender for a period of 24 days and the same has been sanctioned by the concerned AEOs after verifying the original of the duty certificate. The petitioners assert that they had worked for 48 days during vacation including the three days’ training programme. 3. According to the petitioners, the Government on the recommendation of the Census Department had issued an order dated 14.10.2009 prescribing the conditions for engaging teachers for the purpose of conducting census. They contend that based on requests from various organizations, the Government had issued Ext.P1 order which states that teachers who are engaged in Census duty and similar works are eligible for proportionate earned leave for the period during which they are prevented from availing vacation as provided in Rule 81 Part I of the KSR and the above Earned Leave should be sanctioned to those teachers who engage in such works during vacation time. Later, Ext.P2 order was issued by the Government ordering that the workers, the details of which are mentioned therein, who are appointed as supervisors/enumerators will be allowed the concession of absenting themselves from the institution/office on census duty for half day either in the forenoon or in the afternoon on 32 working days from 12.4.2010 to 27.5.2010 or the full day for 16 working days between 12.4.2010 to 27.5.2010 or the full day for 16 working days between 12.4.2010 to 27.5.2010 for the house listing and housing census and preparation of NPR.
4. It is further contended that later by Ext.P5 order dated 20.4.2013, the Government turned around and ordered that Earned Leave Surrender can be granted only for eight days proceeding on the premise that the house listing work can be completed in 16 days. According to the petitioners, Ext.P5 order was passed about three years after Ext.P1 order. It is further submitted that Ext.P2 order is not applicable to teachers of the vacation department and the same has been clarified by the census department by Ext.P3 letter.
5. The petitioners state that having worked for 45 days and undergone training for three days, they could not have been denied the rights which were granted to them by Exts.P1 and P2 orders. They contend that the Government, after considering the grievance of the petitioners, had issued Ext.P6 order and had directed the respondents not to implement Ext.P5 Government Order until further notice.
6. According to the petitioners, after about 7 years, steps are being taken to recover t
