Service Law: Retirement – Excess payment made to employees by error, recovery of – On facts, recovery of increments granted to the employee while in service almost ten years after his retirement on the ground that the said increments were granted on account of an error – Justification of – Held: If the excess amount was not paid on account of any misrepresentation or fraud of the employee or paid by applying wrong principle for calculating the pay/ allowance or interpretation of rule/order which is subsequently found to be erroneous, such excess payment made are not recoverable – 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 would caused if the recovery is ordered – However, if the error is detected or corrected in short time of wrong payment or the employee had the knowledge of excess payment, then the courts can order for recovery of amount paid in excess – On facts, excess payment made due to a mistake in interpreting the Kerela Service Rules – Thus, attempt to recover the said amount after ten years of retirement unjustified – Equity.