Kerala High Court
Principal Secretary To Government vs Radhakrishnan C.V on 29 May, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:37356
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
OP(KAT) NO. 142 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 11.06.2024 IN OA (EKM)
NO.1290 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/RESPONDENTS 1 & 3 TO 7 IN O.A (EKM)
1 PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 DISTRICT MEDICAL OFFICER,
DISTRICT MEDICAL OFFICE (HEALTH), CIVIL STATION POST,
KANNUR, KERALA, PIN - 670002
3 MEDICAL OFFICER,
PRIMARY HEALTH CENTRE, MUZHAKKUNNU, KAKKAYANGAD POST,
KANNUR DISTRICT - KERALA, PIN - 670702
4 MEDICAL OFFICER,
FAMILY HEALTH CENTRE, THILLENKERY,
KANNUR DISTRICT - KERALA, PIN - 670702
5 SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE (H),
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001
6 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY
TO GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - KERALA, PIN - 695001
OP(KAT) NO. 142 OF 2025
-2-
2025:KER:37356
BY ADV GOVERNMENT PLEADER
RESPONDENTS/APPLICANT & 2ND RESPONDENT IN OA(EKM):
1 RADHAKRISHNAN C.V.,
AGED 55 YEARS
S/O. T.P. KUNHIKANNA KURUP,
JUNIOR HEALTH INSPECTOR GR. I,
FAMILY HEALTH CENTRE, THILLENKERY,
KANNUR DISTRICT - 670 702
(RESIDING AT SNEHA RAGAM, THILLANKARI POST, KANNUR),
KERALA
2 ACCOUNTANT GENERAL (A&E) KERALA,
OFFICE OF THE ACCOUNTANT GENERAL, KERALA,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 29.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 142 OF 2025
-3-
2025:KER:37356
Dated this the 29 day of May, 2025
th
JUDGMENT
A. Muhamed Mustaque,J.
The State has come up with this Original Petition challenging
Exhibit P6 order dated 11.06.2024 passed by the Tribunal interfering
with the recovery alleging excess pay drawn by the first respondent.
2. The first respondent entered service as a Peon in the Health
Department in 1996. On account of wrong fixation of pay, recovery of
sum of Rs. 4,19,239/- has been ordered. The Tribunal has interfered with
the recovery, in the light of judgment of the Apex Court in State of
Punjab and others v. Rafiq Masih (White Washer) and others
[(2015) 4 SCC 334]. However, the Tribunal did not interfere with the
refixation of pay. We find that recovery was sought after 13 years of
service and this is a matter covered by Rafiq Masih's case (Supra).
Therefore, there is no scope for interference.
Accordingly this Original Petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
ASH
OP(KAT) NO. 142 OF 2025
2025:KER:37356
APPENDIX OF OP(KAT) 142/2025
PETITIONER ANNEXURES
Exhibit P1 A TRUE COPY OF THE O.A.(EKM) NO.1290/2023
ALONG WITH ANNEXURES
Annexure A1 TRUE COPY OF THE RELAVANT PAGE OF THE
AUDIT OBJECTION NO.B3/9238/19(1) DATED
20.09.2019 FORWARDED BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT (TYPED COPY OF THE
COVERING LETTER) ALONG WITH TYPED COPY
Annexure A2 TRUE COPY OF THE REPRESENTATION DATED
20.02.2021 SUBMITTED BY THE APPLICANT TO
R1
Annexure A3 TRUE COPY OF THE PROCEEDINGS DATED
06.03.2021 ISSUED BY THE 4TH RESPONDENT
(ALONG WITH TYPED COPY)
Annexure A4 TRUE COPY OF THE COVERING LETTER
NO.B3/4582/21 DATED 09.03.2021 SUBMITTED
BY THE 5TH RESPONDENT
Annexure A5 TRUE COPY OF THE ORDER NO.B3/4582/21/DMOH
DATED 28.04.2021 ISSUED BY THE 3RD
RESPONDENT TO R5
Annexure A6 TRUE COPY OF THE LETTER NO.174/2022 DATED
07.03.2022 ALONG WITH RECOMMENDATION
SUBMITTED BY THE 5TH RESPONDENT TO THE 3RD
RESPONDENT
Annexure A7 TRUE COPY OF THE ORDER NO.N.DIS B3/9238/19
DATED 11.04.2023 ISSUED BY THE 3RD
RESPONDENT
Annexure A8 TRUE COPY OF THE NOTICE NO.323/2023 DATED
17.05.2023 ISSUED BY THE 5TH RESPONDENT
Annexure A9 TRUE COPY OF G.O.(RT) NO.675/2017/DHS
DATED 15.03.2017 ISSUED BY THE 6TH
RESPONDENT
Annexure A10 TRUE COPY OF THE REPRESENTATION DATED
20.07.2023 SUBMITTED BY THE APPLICANT TO
R6
Annexure A11 TRUE COPY OF DECISION RENDERED BY THE
HONOURABLE APEX COURT IN THOMAS DANIAL VS.
STATE OF KERALA REPORTED IN 2022 (3) KLT
307 (SC) ALONG WITH TYPED COPY
Annexure A12 TRUE COPY OF JUDGMENT DATED 22.12.2023 IN
W.A. NO.2182/2023 ISSUED BY THIS
HONOURABLE HIGH COURT
Annexure A13 TRUE COPY OF G.O.(RT) NO.1004/2024/GEDN
OP(KAT) NO. 142 OF 2025
2025:KER:37356
DATED 05.02.2024 ISSUED BY THE GENERAL
EDUCATION DEPARTMENT
Exhibit P1 A TRUE COPY OF THE O.A.(EKM) NO.1290/2023
ALONG WITH ANNEXURES
Exhibit P2 A TRUE COPY OF THE INTERIM ORDER DATED
31.07.2023 IN OA(EKM)1290/2023
Exhibit P3 A TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 2ND PETITIONER IN THE
OA(EKM)1290/2023 DATED 27.11.2023
Exhibit P4 A TRUE COPY OF THE MEMO FILED BY THE
GOVERNMENT PLEADER IN OA(EKM)1290/2023
DATED 23.01.2024
Exhibit P5 A TRUE COPY OF THE REJOINDER FILED BY THE
1ST RESPONDENT IN OA(EKM)1290/2023 DATED
07.02.2024
Exhibit P6 A TRUE COPY OF ORDER DATED 11.06.2024 IN
O.A (EKM) NO.1290/2023 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH,
ERNAKULAM
Annexure R3(a) A TRUE COPY OF THE RELEVANT PAGE OF PAY
REVISION ORDER OF 2004
