Dr. Sreekumar J vs State Of Kerala
2025 Latest Caselaw 893 Ker

Kerala High Court

Dr. Sreekumar J vs State Of Kerala on 11 July, 2025

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 6741 OF 2023




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                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                           THE HONOURABLE MR. JUSTICE D. K. SINGH

                    FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947

                                    WP(C) NO. 6741 OF 2023


PETITIONER/S:

                DR. SREEKUMAR J.,
                AGED 62 YEARS
                S/O JANARDANAN PILLAI, PARVATHY MANDIRAM, 97 T D NAGAR, CUTCHERRY WARD,
                KOLLAM DISTRICT, PIN - 691013


                BY ADVS.
                SMT.SWAPNA VIJAYAN
                SRI.K.V.ANIL KUMAR
                SHRI.MANU S.
                SMT.S.MAHITHA
                SHRI.MOHANAN M.K.
                SMT.RADHIKA S.ANIL




RESPONDENT/S:

       1        STATE OF KERALA,
                REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION,
                1ST FLOOR, ANNEX II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
                695001

       2        DIRECTOR OF TECHNICAL EDUCATION,
                OFFICE OF DIRECTOR OF TECHNICAL EDUCATION, PADMAVILASAM ROAD, FORT P.O.,
                THIRUVANANTHAPURAM, PIN - 695023

       3        THE ACCOUNTANT GENERAL (A & E),
                OFFICE OF PRINCIPAL ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM, PIN -
                695001
 WP(C) NO. 6741 OF 2023




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       4       THE VICE CHANCELLOR,
               A P J ABDUL KALAM TECHNOLOGICAL UNIVERSITY, CET CAMPUS,
               THIRUVANANTHAPURAM, PIN - 695016

       5       A P J ABDUL KALAM TECHNOLOGICAL UNIVERSITY,
               REPRESENTED BY THE REGISTRAR, CET CAMPUS, THIRUVANANTHAPURAM, PIN -
               695016

       6       TKM COLLEGE OF ENGINEERING,
               REPRESENTED BY THE PRINCIPAL, KARICODE, KOLLAM, PIN - 691005


               BY ADVS. MR K R GANESH SC
               SMT.NISHA GEORGE
               SRI.GEORGE POONTHOTTAM (SR.)



OTHER PRESENT:

               K.R. GANESH-SC


       THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 11.07.2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6741 OF 2023




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                                 JUDGMENT

Heard Mr Manu Sreekumar, learned and erudite Counsel for the

petitioner, who has argued the case with his heart, with confidence and

exuberance; and Mr K R Ganesh, learned Standing Counsel for the APJ

Abdul Kalam Technological University.

2. The petitioner was appointed as the first Dean of the APJ

Abdul Kalam Technological University on 03.02.2017 vide Ext.P1 order.

When the petitioner was appointed as the first Dean of the APJ Abdul

Kalam Technological University, the University's Statutes were not

framed. The petitioner's salary was paid as that of a Professor in the

Government Aided College. The petitioner's appointment was till he

attained the age of superannuation, i.e., 56 years, or the University's

Statutes came into force. On 10.08.2020, the University's First Statute

came into force, and the petitioner was relieved from the post of Dean of

the University.

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3. The petitioner was paid the admissible salary along with the

increments for all these years when he worked as the Dean of the

University. Now the University has issued a liability certificate in

Exts.P14 and P15, directing the petitioner to pay Rs.5,84,392/- on the

ground that the petitioner was not entitled to any increment after he

attained the age of superannuation.

4. The learned Counsel for the petitioner submits that the

petitioner's appointment was for four years or till the University's

Statute came into force. The University's Statute came into force on

10.08.2020. He further submits that it was for the authorities to make

the payment as he was entitled to, and the petitioner did not coerce or

play any fraud or misrepresent the authorities in making payment of

salary and allowances to him. He further submits that the Liability

Certificate has been issued after 22 months from the date when the

petitioner was relieved from the post of Dean. Therefore, the Liability

Certificate cannot be enforced against the petitioner on the ground of WP(C) NO. 6741 OF 2023

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inordinate delay of 22 months in issuing the liability certificate and on

the ground that the petitioner cannot be punished for receiving the

payment of increments when the petitioner has neither misrepresented

nor played any fraud with the authorities to receive the payment. He

has placed reliance on the judgment of the Supreme Court in Thomas

Daniel v. State of Kerala1 in paragraph 9, which reads as follows:

"(9) This Court in a catena of decisions has consistently held that if the excess amount was not paid on account of any misrepresentation or fraud of the employee or if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order which is subsequently found to be erroneous, such excess payment of emoluments or allowances are not recoverable. This relief against the recovery is granted not because of any right of the employees but in equity, exercising judicial discretion to provide relief to the employees from the hardship that will be caused if the recovery is ordered. This Court has further held that if in a given case, it is proved that an employee had knowledge that the payment received was in excess of what was due or wrongly paid, or in cases where error is detected or

Judgment dated 02.05.2022 in Civil Appeal No.7115/2010 WP(C) NO. 6741 OF 2023

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corrected within a short time of wrong payment, the matter being in the realm of judicial discretion, the courts may on the facts and circumstances of any particular case order for recovery of amount paid in excess."

5. Mr K.R. Ganesh, learned Counsel for the APJ Abdul Kalam

Technological University, however, submits that the petitioner was not

entitled to receive the increments after he attained the age of

superannuation. The increments paid to the petitioner were against the

Government Order G.O.(R1) No.338/2021 HEDN dated 22.02.2021

[Ext.P9]. Therefore, the University has issued the Liability Certificate

asking the petitioner to remit the amount of the increments on the

salary granted to him after he attained the age of superannuation. There

is no illegality in the Liability Certificate issued in Exts.P14 and P15.

6. I have considered the submissions advanced on behalf of the

parties and perused the records.

7. The petitioner's initial appointment was for a period of four

years or till the University's Statutes came into force. The petitioner's WP(C) NO. 6741 OF 2023

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salary was fixed as that of the Professor of the Government Aided

College. The petitioner was relieved from the post of Dean when the

University's First Statutes came into force on 10.08.2020.

8. There is no dispute that the petitioner neither

misrepresented nor played any fraud in getting the increments on his

salary from the University. Therefore, the decision of the Supreme

Court in Thomas Daniel (supra) cited by the learned Counsel for the

petitioner would apply to the facts of the present case.

9. Mr K.R. Ganesh, learned Counsel for the respondent

University's submission that the petitioner was not entitled to the

increments, in view of the Government Order, also does not appear to be

correct. The Government Order cited by the learned Counsel for the

University does not, anywhere, provide that the petitioner was not

entitled to receive the increment.

10. In view of the facts and circumstances of the case and the law

laid down by the Supreme Court in Thomas Daniel (supra), this Court is WP(C) NO. 6741 OF 2023

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of the considered view that the writ petition deserves to be allowed.

Therefore, the writ petition is allowed. The impugned liability

certificate in Exts.P14 and P15 is hereby quashed. There is no order as

to costs.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 6741 OF 2023

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APPENDIX OF WP(C) 6741/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE APPOINTMENT ORDER OF FIRST DEAN (ACADEMICS), G.O (RT) NO.177/2017/HEDN DATED 03.02.2017. Exhibit-P2 A TRUE COPY OF THE COVERING LETTER NO. P3/58/2017/DTE, DATED 21.01.2017 OF THE PENSION PROPOSAL ISSUED BY 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit-P3 A TRUE COPY OF THE VERIFICATION REPORT NO. P. R. 2101773763 / P-

10 /2 / 1017337517, DATED 08.05.2017 OF THE 3RD RESPONDENT. Exhibit-P4 5. A TRUE COPY OF THE LETTER NO, E2/4035/2016, DATED 10.02.2017 OF 6TH RESPONDENT.

Exhibit-P5 A TRUE COPY OF THE LETTER NO. P3/58/2017/DTE, DATED 15.03.2017 OF THE 2ND RESPONDENT.

Exhibit-P6 A TRUE COPY OF THE LETTER NO. P3/58/2017/DTE, DATED 20.06.2017 OF THE 2ND RESPONDENT.

Exhibit-P7 A TRUE COPY OF THE LETTER NO.P10/2/2101773763/1189, DATED 06.12.2017 OF 3RD RESPONDENT.

Exhibit-P8 A TRUE COPY OF THE RELIEVING ORDER U.O.NO. 1129/2020/KTU THIRUVANANTHAPURAM DATED: 11.08.2020 OF THE 4TH RESPONDENT .

Exhibit-P9 A TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O (RT) NO.338/2021/HEDN DATED 22.02.2021 FROM HIGHER EDUCATION (J) DEPARTMENT.

Exhibit-P10 A TRUE COPY OF THE REVISED VERIFICATION REPORT NO. P. R. 2101773763 / P-10 /2 / 1017337517, DATED 13.10.2021 OF THE 3RD RESPONDENT.

Exhibit-P11 A TRUE COPY OF PENSION PAYMENT ORDER NO. P-

10/2101773763/2/P/21/10/70542300 DATED 02.09.2021. Exhibit-P12 A TRUE COPY OF GRATUITY PAYMENT ORDER (DCRG) NO. P-

10/2101773763/2/P/21/10/70542300, DATED 02.09.2021. Exhibit-P13 A TRUE COPY OF COMMUTATION PAYMENT ORDER NO. P-

10/2101773763/2/P/21/10/70542300 DATED 02.09.2021. Exhibit-P14 A TRUE COPY OF THE LIABILITY CERTIFICATE NO. KTU/AR (ADMN)/525/2017 DATED 09.06.2022 GIVEN BY THE 5TH RESPONDENT .

Exhibit-P15 A TRUE COPY OF THE ORDER NO. KTU/AR (ADMN)/525/2017 DATED 28.11.2022 OF THE 5TH RESPONDENT Exhibit-P16 A TRUE COPY OF G. O. (P) NO. 185/2002/FIN. DATED 27.03. 2002. WP(C) NO. 6741 OF 2023

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Exhibit-P17 A TRUE COPY OF G. O. (P) NO. 55/ 2019/ FIN., DATED 04.05.2019. Exhibit-P18 A TRUE COPY OF JUDGMENT OF THOMAS DANIEL VS. STATE OF KERALA &ORS, CIVIL APPEAL NO. 7115 OF 2010 DATED 02.05.2022 OF THE HON'BLE SUPREME COURT OF INDIA.

Exhibit-P19 A TRUE COPY OF PETITION MAIL DATED 14.07.2022 SUBMITTED TO THE 1ST RESPONDENT.

Exhibit-P20 A TRUE COPY OF PETITION MAIL DATED 14.07.2022 SUBMITTED TO THE 2ND RESPONDENT.

Exhibit-P21 A TRUE COPY OF PETITION MAIL DATED 14.07.2022 SUBMITTED TO THE 3RD RESPONDENT.

Exhibit-P22 A TRUE COPY OF THE LETTER FROM THE HON'BLE CHANCELLOR TO THE 4TH RESPONDENT, DATED 01.08.2022.

Exhibit-P23 A TRUE COPY OF THE PETITION MAIL DATED 12.12.2022 SUBMITTED TO THE 4TH RESPONDENT.

Exhibit-P24 A TRUE COPY OF G.O.(P) NO: 159/2016 /FIN DATED 19.10.2016 REGARDING PROCEDURE FOR FIXING THE RE-EMPLOYMENT PAY UNDER PART III OF THE KERALA SERVICE RULES. RESPONDENT EXHIBITS

EXHIBIT R5(b) True copy of the University Order U.O. No. 1300/2022/KTU dated 03.06.2022.

EXHIBIT R5(c) True copy of the Letter No. KTU/AR(ADMN)/525/2017 dated 09.06.2022 and the Liability Certificate.

EXHIBIT R5(d) True copy of the relevant extract of the Note File No.KTU/SO(FINANCE)/1974/2018 with respect to the calculation of the liability amount during the period from July 2017 to August 2020. EXHIBIT R5(a) True copy of the Government Order G.O.(Rt.) No. 338/2021/HEDN dated 22.02.2021 along with English translation