IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 16379 of 2010(V) -------------------------- PETITIONER(S): --------------- SARAMMA JOZHUA, W/O. K.M.ANTHRAYOSE, KARIAKULAM HOUSE, CHOTTUPARA.P.O., K.P.COLONY, IDUKKI DISTRICT. P.A. TO DEO, KATTAPPANA, IDUKKI DIST(RTD.) BY ADV. SRI.K.G.ANIL BABU SRI.CYRIAC KURIAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ============= W.P.(C). No.16379 OF 2010 ===================== Dated this the 8th day of October, 2010 J U D G M E N T The petitioner retired from service on 28-02-2007 as P.A. to D.E.O. Kattappana after 29 years of service. The petitioner's grievance in this writ petition is that NLC of the petitioner has not been forwarded and petitioner is not being paid her DCRG which was sanctioned long back. By order dated 22-09-2010 I directed as follows: “There would be an interim direction to the respondents to forward the NLC/liability certificate in respect of the petitioner to the appropriate officer within a period of two weeks from today. Post after two weeks”. 2. The learned Government Pleader submits that since audit for the period in question has not been completed yet NLC cannot be issued. 3. I have considered the rival contentions of the petitioner. Admittedly, the petitioner retired from service on 28-02-2007. If any liability is due from the petitioner has to be fixed, within three years from that date Note 3 of Rule W.P.(C). No.16379 OF 2010 2 3 of Part III of the Kerala Service Rules, which admittedly has not been done. Therefore, no amount can now be deducted from the DCRG of the petitioner. Accordingly, there would be a direction to the respondents to release the DCRG due to the petitioner within two weeks from the date of receipt of a copy of this judgment. However this would be without prejudice to the right of the respondents to recover any liability that may be fixed if they have such right under any other law, if the same can be done at this point of time validly. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE. pm