IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 12573 of 2005(V) -------------------------- PETITIONER(S): --------------- K.O.REMAKANTHAN, RETD. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, AGED 59, S/O. OUSEPH, ROSE HOUSE, KOTHAVARA P.O., VAIKKOM, KOTTAYAM. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.N.SURESH RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 2. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. GOVERNMENT PLEADER SRI. ARAVINDA KUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 12573/2005 --------------------------------------------------------------------- EXT.P1 PHOTOCOPY OF OTICE DT. 4-11-2004. EXT.P2 OBJECTION DT. 12-1-2005. EXT.P3 LETTER DT. 9-2-2005. EXT.P3(a) COPY OF LIABILITY CERTIFICATE. EXT.P4 LETTER DT. 13-12-2004. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12573 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th December, 2009. J U D G M E N T The petitioner retired from the service of the Government of Kerala as a District Educational Officer on 31-1-2001. He filed this writ petition on 12-4-2005 complaining that the DCRG due to the petitioner has not yet been disbursed. The petitioner contends that almost 4 years after the petitioner's retirement, the petitioner was served with Ext. P1 notice directing the petitioner to show cause why an amount of Rs. 60,909/- should not be fixed as liability of the petitioner on various counts. The petitioner filed Ext. P2 objections. Thereafter, as per Ext. P3 dated 9-2-2005, Ext. P3(a) liability certificate has been issued in respect of the petitioner for the amount of Rs. 60,909/-. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i. Call for the records connecting Exts.P1 to P4 from the respondents concerned; ii. call for Exts. P3(a) and P4 from respondent 3 and 2 respectively and issue writ of certiorari to quash the same; iii. Issue writ of mandamus directing the respondents to disburse the gratuity to the petitioner.” 2. No counter affidavit has been filed in this writ petition although this case came up before the Court on several dates. Therefore, I am constrained to dispose of this writ petition on the basis of the averments in the writ petition. 3. From the averments in the writ petition, it is clear that Ext. P1 was issued only on 4-11-2004. There is nothing on record to show that any notice had been issued to the petitioner regarding any liability prior to Ext. P1. The petitioner having retired on 31-3-2001, Ext. P1 dated 4-11-2004 has been issued beyond the period W.P.C. No. 12573/05 -: 2 :- prescribed in Note 3 of Rule 3 of Part III of K.S.R. That being so, such liability cannot be recovered from the DCRG due to the petitioner. 4. On 28-6-2005, this Court directed as an interim measure to pay to the petitioner the DCRG as determined by the Accountant General, after getting a surety bond executed to the satisfaction of the 2nd respondent. It is admitted that the same has not been disbursed to the petitioner. Hence, Exts.P1, P3 and P3(a), which have been issued beyond the period prescribed under the K.S.R, are quashed. The respondents are directed to disburse the DCRG due to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/