IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 2831 of 2007(K) ------------------------- PETITIONER: ------------ S.JUSTIN, RETIRED SUB REGISTRAR, ST.MICHAELS HOUSE, PEINGAMALA, KALLIYOOR P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM. 3. THE DISTRICT REGISTRAR, THIRUVANANTHAPURAM. 4. THE TREASURY OFFICER, SUB TREASURY, VIZHINJAM. BY GOVERNMENT PLEADER SMT. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 2831/2007 APPENDIX PETITIONER'S EXHIBITS:- P1: True copy of the pension payment order with details issued by the Accountant General (A&E) Kerala dt. 14-12-2002 P2: True copy of the liability certificate received on 30-11-2006. P3: True copy of the representation to the Inspector General of Registration on 15-12-2006. P4: True copy of the request to the Inspector General of Registration dt. 13-6-2004. P5: True copy of the letter to the I.G. Of Registration dt. 2-4-2005 P6: True copy of the request to the District Registrar, Thiruvananthapuram on 1-7-2006. V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2831 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 JUDGMENT Petitioner retired from service on 31-5-2002. As per Ext.P1 the Accountant General sanctioned Rs.1,60,425/- as gratuity to the petitioner. Ext.P2 liability certificate dated 30-11-2006 shows an amount of Rs.1,15,707/- as liability of the petitioner. Petitioner submits that even if Ext.P2 is taken as a certificate of liability, it is obviously beyond a period of three years from the date of retirement from service and therefore the respondents cannot recover the said amount from the D.C.R.G. due to the petitioner. Counter affidavit has been filed on behalf of respondents 1 and 2. There is no case as such that the liability was fixed against the petitioner prior to Ext.P2. Though there is a suggestion that there is a delay on the part of the petitioner in submitting his remarks against fixation of liability, that by itself is no reason why the liability if any should not have been fixed within the maximum period of three years from the date of retirement. Even according to the respondents, Ext.P2 is a liability certificate. The same is not within the period of three years. WPC 2831/2007 2 2. In the result, the writ petition is allowed and the 4th respondent is directed to disburse the gratuity due as per Ext.P1 within a period of one month from the date of receipt of copy of this judgment. It is made clear that this judgment will not stand in the way of the Government taking appropriate proceedings for recovery of any loss caused by the petitioner, in accordance with law. The petitioner's claim for interest is left open. It is also directed that if the gratuity payable to the petitioner as per Ext.P1 is not paid within one month, as directed, the same shall carry interest at the rate of 12% p.a. with effect from the period of one month from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. mn. WPC 2831/2007 3