IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 15455 of 2009(B) -------------------------------------- PETITIONER(S): ---------------------- M.YOUSUF, AGED 57 YEARS, S/O. MOHAMMED MOIDHEEN,OVERSEER (RETIRED) ELECTRIC SECTION, THRISSUR CORPORATION, RESIDING AT MULLASSERY HOUSE, VADOOKARA.P.O., THRISSUR-680 007. BY ADV. MR.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): ------------------------- 1. THE DIRECTOR, URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. THE SECRETARY, ELECTRICITY SECTION, THRISSUR CORPORATION, THRISSUR. R1 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R2 BY ADV. MR.K.B.MOHANDAS,SC,THRISSUR CORPORATION, MR.LELLULAL T.G.THUNDATHIL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15455/2009-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.P4-1932/08 DATED 18/03/2009 ISSUED BY R1. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 154555 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of July, 2009 JUDGMENT Heard Smt.Smitha George, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for the first respondent and Sri. K.B. Mohandas, the learned standing counsel appearing for the second respondent. 2. The petitioner is a pensioner. He retired from service on 31-12-2007, while he was working as Overseer in Thrissur Corporation. By Ext.P1 order, the Director of Urban Affairs sanctioned to him terminal benefits. While passing the said order, the Director ordered recovery of the sum of Rs.82,411/- from the D.C.R.G. sanctioned to the petitioner on the ground that the said amount has been fixed as the petitioner's liability by the second respondent Secretary. In this writ petition, the petitioner challenges the said stipulation in Ext.P1 and seeks a direction to the respondents to disburse the terminal benefits in full. 3. The second respondent has filed counter affidavit pointing out that the sum of Rs.82,411/- is the excess salary drawn by the petitioner which was fixed as his liability in his pension book and that the Director has ordered recovery of the said amount from the D.C.R.G. sanctioned to him. W.P.(C) No. 15455/09 2 4. The pleadings disclose that the sum of Rs.82,411/- was fixed as the petitioner's liability without notice to him. In view of the stipulations in Rule 3 of Part III of the Kerala Service Rules, which governs employees of the Thrissur Corporation also the liability could not have been fixed without notice to the petitioner. I am therefore persuaded to agree with the learned counsel for the petitioner that fixation of the sum of Rs.82,411/- as the petitioner's liability is illegal. The learned counsel for the petitioner submits that the terminal benefits were sanctioned to the petitioner, except the sum of Rs.82,411/-. In that view of the matter, I quash Ext.P1 to the extent it fixes the sum of Rs.82,411/- as the petitioner's liability. It will be open to the second respondent to fix the amount due from the petitioner as excess salary drawn by him, after notice to and affording him a reasonable opportunity of being heard. The second respondent shall issue notice to the petitioner setting out the grounds on which he proposes to fix the sum of Rs.82,411/- as his liability. If the petitioner seeks copies of any document to state his case, the same shall also be furnished to him. Final orders in this matter shall be passed within six months from today. The entitlement of the petitioner to the sum of Rs.82,411/- withheld from the D.C.R.G. sanctioned to him either in full or in part will depend on the outcome of the order to be passed W.P.(C) No. 15455/09 3 by the Secretary, Thrissur Corporation. If the petitioner is aggrieved by the decision taken by the Thrissur Municipality, it will be open to him to challenge the same in other appropriate proceedings. P.N.RAVINDRAN, JUDGE. mn.