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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi, J
GANGADHARAN. P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MURALI PALLATH
For the Respondents: SRI.SUNIL JACOB JOSE, SMT.VENUGOPAL, GP
SRI.S.VISHNU (ARIKKATTIL), SRI.VENUGOPAL, GOVT.PLEADER

Table of Content
1. recovery of excess payment due to wrong fixation. (Para 1)
2. judicial discipline on recovery based on established precedents. (Para 2)
3. entitlement to relief when employees are faultless. (Para 3)
4. writ petitions granted, prior orders quashed. (Para 4)

JUDGMENT

In both these cases recovery is sought regarding amounts paid in excess due to in wrong fixation. Petitioners are Class ‘C’ employees and as far as amounts paid on the basis of the wrong fixation is concerned, if the fixation was not on account of any fault of the petitioners, the judgment inState of Punjab & Others v. Rafiq Masih (White Washer) [2015 4 SCC 334] will be applicable. No circumstances warranting non-application of the said judgment is pointed out. Even though it is stated that an undertaking had been given, that again will not in any manner justify the recovery as has been held inRafiq Masih (supra) and subsequent judgments. In W.P.(C) No. 9292 of 2021 a learned Single Judge of this Court had taken the view that the question essentially is whether, at the time of grant of pay as per the fixation, any undertaking had been given by the petitioner. I do not think it is necessary to go into the q

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