IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 33480 of 2005(I) -------------------------- PETITIONER: ------------ JACOB CHERIAN, AGED 55 YEARS, S/O.LATE SRI.P.C.JOCAB, SENIOR ASSISTANT (RETD), KSEB, KOICKALPUTHUKKERIL, VALANJAVATTOM P.O., THIRUVALLA. BY ADV. SRI.M.MOHAMMED SHIRAZ RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 2. THE CHIEF ENGINEER (HRM), KSEB, VYDYUTHI BHAVAN, PATTOM, TRIVANDRUM. 3. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, KSEB, THIRUVALLA. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF LETTER NO.GB1/DISC/TVL/2005-06/729 DTD.2.7.2005. EXT.P2 TRUE PHOTOCOPY OF REPLY DTD.10.10.2005 OF PETITIONER. EXT.P3 TRUE PHOTOCOPY OF NON LIABILITY CERTIFICATE (PROVISIONAL) DTD. 09/2005 OF THIRD RESPONDENT. EXT.P4 TRUE PHOTOCOPY OF ORDER NO.PA VIII.PPO.34405 DTD. 22.11.2005. TRUE COPY P.A.TO JUDGE css/ K.BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C)NO.33480/2005 ---------------------------------------- Dated this the 25th day of January, 2008 JUDGMENT The petitioner was a Senior Assistant of the KSEB. He suffered from a cardiac arrest on 7.6.2004. So, he was on leave from the said date. While on leave, he attained the age of superannuation and retired from service on 30.11.2004. The terminal benefits due to him were not released. While so, he was served with Ext.P1 communication dated 2.7.2005 as per which he was directed to return a file which was in his custody. Petitioner submitted Ext.P2 reply stating that there is no file with him and the successors in office have taken charge from him and he is not responsible for the missing of the file. As evident from Ext.P3, a liability of Rs.7602/= was assessed against the petitioner. Later by Ext.P4, the entire DCRG due to him was withheld. So, this writ petition was filed challenging Ext.P4 and for consequential reliefs. 2. The second respondent filed a counter affidavit, in which it is stated that Non Liability Certificate and Last Pay Certificate have been issued by the Executive Engineer on 21.1.2005. As per W.P.(C)33480/2005 2 the Liability Certificate, an amount of Rs.7602/= is noted as excess amount drawn. The liability arising out of the missing of the file covered by Ext.P1 communication cannot be quantified, it was stated therein. 3. Heard the learned counsel on both sides. At the time of admitting the writ petition, this Court directed to release 90% of the DCRG due to the petitioner on executing a personal bond. In obedience to that direction 90% of the DCRG had already been released. Since the liability for the missing of the file has not so far been quantified, there is no justification for withholding the balance 10% amount. So, the respondents are directed to release the balance 10% DCRG due to the petitioner after deducting an amount of Rs.7602/= which is stated to be the excess amount drawn by him. This payment shall be made by the respondents within two months from the date of production of a copy of this judgment. If the petitioner has any grievance against the withholding of Rs.7602/=, he may move the first respondent against the same within one month from today. Claim for interest of the petitioner is left open. K.BALAKRISHNAN NAIR,JUDGE W.P.(C)33480/2005 3 css/