IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33763 of 2009(M) -------------------------- PETITIONER(S): ------------------ T.FATHIMA, W/O.MOIDHEEN MALAYIL (RETIRED FORESTER) MALAYIL HOUSE, THACHINGANADAM P.O.,PATTIKKADUVAZHI, MALAPPURAM DISTRICT PIN 679 325. BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.C.S.YESUDAS SRI.PAUL C THOMAS RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT FOREST AND WILDLIFE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE CHIEF CONSERVATOR OF FOREST (ADMINISTRATION) VAZHUTHAKKADU,THIRUVANANTHAPURAM 3. DIVISIONAL FOREST OFFICER NILAMBUR NORTH DIVISION, NILAMBUR PO, MALAPPURAM DISTRICT. GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 33763 OF 2009 (M) ===================== Dated this the 24th day of November, 2009 J U D G M E N T Petitioner's husband Sri.Moidheen Malayil, was a Forester and retired on attaining the age of superannuation on 31/5/2006. He expired on 13/7/08. In this writ petition, petitioner is challenging Ext.P3 show cause notice dated 28/4/2009 fixing the liability of Rs.93,394.82 on the deceased husband of the petitioner. 2. I heard the learned Government Pleader on behalf of the respondents. 3. Evidently counting three years period as provided in Note 2 to Rule 3 of Part III KSR, Ext.P3 is beyond the three years of retirement of the petitioner's husband. For that reason, Ext.P3 is illegal and the said notice will stand quashed. Respondents are directed to disburse the remaining benefits that are due to the petitioner. This shall be done, as expeditiously as possible, at any rate within 2 months of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp