IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 27147 of 2007(F) ---------------------------------------- PETITIONER: ------------ JOHN JOSHY, RETIRED ASST.ENGINEER, COCHIN CORPORATION, VALIYAKUZHEEKKATTU HOUSE, KALPANA CHAWLA STEET, NEAR GOVT.U.P.SCHOOL, MOOVATTUPUZHA 686661. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, OFFICE OF THE CORPORATION OF COCHIN, ERNAKULAM. 4. THE KOOTHATTUKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOOTHATTUKULAM GRAMA PANCHAYATH, KOOTHATTUKULAM- 686 662. 5. THE DIRECTOR, DIRECTORATE OF LOCAL FUND AUDIT, VIKAS BHAVAN, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR ADV. SRI.S.RAMESH BABU, SC.COCHIN CORPN. FOR R.3 SRI.PEEYUS A.KOTTAM FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27147/2007 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LIST OF THE LOCAL BODIES UNDER WHICH THE PETITIONER HAS WORKED AND THE PERIOD OF HIS SERVICE UNDER THE RESPECTIVE LOCAL BODIES PREPARED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER DTD. 10/11/2004 OF THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER DTD. 27/12/2004 OF THE 3RD RESPONDENT. EXT.P4: COPY OF THE ORDER DTD. 16/03/2007 OF THE 5TH RESPONDENT. EXT.P5: COPY OF THE REPLY DTD. 16/06/2007 OF THE 4TH RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE REPRESENTATION DTD. 5/09/2007 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V. GIRI, J. ------------------------------- WP(C).NO. 27147 of 2007 --------------------------------- Dated this the 3rd day of July, 2008 JUDGMENT The petitioner retired from service on 31.12.2004 from the third respondent Cochin Corporation as an Assistant Engineer. He is aggrieved by the non- disbursal of an amount of Rs.21,316/- due to him by way of DCRG. The balance amount due to him by way of DCRG has been disbursed. The petitioner is aggrieved by the withholding of the above mentioned amount. 2. The Cochin Corporation has filed a counter affidavit by which the Corporation has taken the following contentions: “ It is seen that the petitioner's complaint against the deduction of Rs.21316/- from his DCRG. While working Aluva Municipality an amount of Rs.6250/- is outstanding against the vehicle loan obtained by him, for unauthorised absence etc. recovery from his salary for Rs.6731/-, towards advance obtained for official purpose while working in Muvattupuzha Municipality for which accounts had not been submitted for Rs.13855/- for non regularisation of advance, while working in Angamaly Municipality Rs.700/- etc totaling Rs.21316/-. These are the liabilities known to the petitioner which ought to WPC.27147 /2007 2 have been settled before retirement. The liability has been fixed as per the information given by the Secretaries of the concerned Municipality. “ 3. The contention is that the liability has been fixed as per the information given by the Secretaries of the concerned Municipality. It is not averred that the liability was fixed after giving notice to the petitioner. In fact the averments seems that the liability was fixed by the Muvattupuzha Municipality and the Aluva Municipality. No details as to the manner in which the said liability has been fixed and as to when it has been fixed is disclosed. It is settled law that liability should be fixed within a period of three years from the date of his retirement, for recovery from DCRG. In the result, the writ petition is disposed of directing the third respondent to disburse the petitioner an amount of Rs.21316/-. The issue of final NLC in relation to the amount of Rs.21316/- stated to be the balance due to the petitioner, shall be made within two months from the date of receipt of a copy of this judgment. Thereupon the said amount shall be disbursed. It is made clear that the second respondent shall be entitled to WPC.27147 /2007 3 take fresh steps as are available for recovery of any amount that may otherwise found to be due from the petitioner. In circumstances where it is more than three years the petitioner has retired, it can only be by resorting the proceedings before the Civil Court. V.GIRI, JUDGE. pmn/ WPC.27147 /2007 4