IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10377 of 2006(I)
1. K.P.CLEETUS,
... Petitioner
Vs
1. THE COMMISSIONER,
... Respondent
2. THE DISTRICT COLLECTOR,
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/07/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 10377 OF 2006 (I)
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Dated this the 29th day of July, 2010
J U D G M E N T
The prayer sought in this writ petition is to direct the
respondents to declare the probation of the petitioner with effect
from the date on which he had completed two years service and
to grant him all monetary benefits.
2. In the counter affidavit filed by the second
respondent, in Para 5 it is stated thus:
“The second and further increments to the
incumbent was erroneously sanctioned to the
individual by the Head of Offices without
declaration of probation. Hence it requires that
he should remit the amount erroneously
sanctioned to him before declaration of
probation. The probation can be declared as
and when the individual remit the amount to
Government, which has been sanctioned
erroneously. The representation of the
petitioner has been considered and necessary
directions have been given to the Tahsildar,
Peermade to furnish proposal to this office after
remittance of amount erroneously sanctioned to
the individual, as and when the representation
received in this office.”
3. Since the facts stated above are uncontraverted, the
right of the respondents to realise the amount erroneously paid to
the petitioner cannot be disputed. Counsel for the petitioner
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submits that on attaining the age of superannuation, petitioner
retired from service in 2009 and that on the ground that
probation has not been declared, his terminal benefits have not
been disbursed so far.
4. Having regard to the fact that the petitioner has retired
from service and as according to the counsel, terminal benefits
are still remaining unpaid, I feel it is only appropriate that
respondents shall recover the amount, if any due, on account of
the erroneous payment made from out of the terminal benefits
and the balance amount admittedly due to the petitioner should
be disbursed.
5. In view of the above, I dispose of this writ petition with
the following directions.
(1) That the respondents shall declare the probation of the
petitioner, without insisting on the petitioner remitting the
amounts erroneously received by him towards increments.
(2) The amounts if any to be remitted by the petitioner
shall be recovered from the terminal benefits that are due to him
and the balance amount alone shall be disbursed to him.
(3) Steps in the above direction shall be initiated and
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amounts shall be disbursed to the petitioner as expeditiously as
possible, at any rate within three months of production of a copy
of this judgment.
ANTONY DOMINIC, JUDGE
Rp