IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 14TH NOVEMBER 2007 / 23RD KARTHIKA 1929 WP(C).No. 25023 of 2007(D) -------------------------- PETITIONER: ------------ P.V. MATHAI,S/O. VARGHESE, THOTTUNGAL HOUSE, KUMBALAM P.O., ERNAKULAM DISTRICT (ASST. STORE KEEPER-RETIRED ,K,S,R,T,C PUNALUR) BY ADV. SRI.K.P.JUSTINE RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FOR.P.O., THIRUVANANTHAPURAM-23. 2. THE FINANACIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN, FORT.P.O., THIRUVANANTHAPURAM. 3. THE ASST. ACCOUNTS OFFICER (PENSION SECTION, KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C. PUNALUR. 5. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C,ERNAKULAM. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ------------------- W.P.(C). 25023/2007 -------------------- Dated this the 14th day of November, 2007 JUDGMENT Heard the learned counsel for the petitioner and the learned Standing Counsel for the K.S.R.T.C. 2. Petitioner challenges Exts.P6 and P7. 3. Petitioner retired from service on 31.7.1999. Ext.P6 show cause notice is issued on 3.4.2003. Ext.P7 is issued only on 14.9.2007. Obviously therefore, the liability of the petitioner was not fixed within a period of three years after his retirement. Even Ext.P6 show cause notice is after the period of three years. Hence the fixation of liability and recovery, if any, is unsustainable in view of Rule 3 of KSR, Part-III, which applies to K.S.R.T.C employees also. 4. In the result, Exts.P6 and P7 are quashed to the extent they impose recoveries against the petitioner. As a consequence it is directed that all retirement benefits due W.P.(C).25023/2007 2 to the petitioner shall be released within an outer limit of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. THOTTATHIL B. RADHAKRISHNAN Judge mrcs