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2026 Supreme(Online)(Ker) 68107
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. Jayasankaran Nambiar, Preeta A.K., JJ
Kerala State Electricity Board – Appellant
Versus
Yousuff P.A. – Respondent
WA NO. 2180 OF 2023|WP(C) NO. 34602 OF 2011
Important Points
Subject
Service Law - Recovery of Dues
Headnote
Issues: Whether the recovery sought by the Kerala State Electricity Board was permissible in light of the decision in State of Punjab v. Rafiq Masih.
Legal Category Hierarchy
-
administrative law
-
employment and service law
- recovery of excess payment
-
employment and service law
For the Appellants/Petitioners: Antony Mukkath
For the Respondents: Elvin Peter P.J, K.R. Ganesh, T.G. Sunil (Pranavam)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE PREETA A.K.
WEDNESDAY, THE 4TH DAY OF NOVEMBER 2026 / 13TH KARTHIKA, 1948
WA NO. 2180 OF 2023
JUDGMENT DATED 25.05.2023
ARISING FROM WP(C) NO.34602 OF 2011
APPELLANTS/RESPONDENTS 1 TO 4:
1 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
2 THE CHIEF ENGINEER H.R.M
KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
3 THE EXECUTIVE ENGINEER
ELECTRICAL DIVISION, KERALA STATE ELECTRICITY
BOARD, WADAKKANCHERRY, PIN - 680301
4 THE CHIEF INTERNAL AUDITOR
KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, PIN - 695004
BY ADV SHRI.ANTONY MUKKATH
RESPONDENTS/PETITIONERS 1 AND 2:
1 YOUSUFF P.A.
SUB ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY
BOARD, ELECTRICAL SECTION, CHERUTHURUTHY, WADAKKANCHERRY
DIVISION, THRISSUR DISTRICT, PIN - 679531
2 SHEIK AHMED.S.
SUB ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY
BOARD, ELECTRICAL SECTION, WADAKKANCHERRY DIVISIOIN,
(THRISSUR CIRCLE), THRISSUR DISTRICT., PIN - 680582
BY ADVS.
SRI.ELVIN PETER P.J
SRI.K.R.GANESH
SRI.T.G.SUNIL (PRANAVAM)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.11.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
The issue involved in this Writ Appeal is covered against the appellants by the decision reported in State of Punjab and others v. Rafiq Masih (White Washer) and others - [(2015) 4 SCC 334]. Accordingly, following the said decision, this Writ Appeal is dismissed.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
Sd/-
PREETA A.K.
mns
