IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 3315 of 2009(T) ------------------------------------- PETITIONER: ------------------- K.J.GEORGE, RTD.LAY SECRETARY AND TREASURER, KILLIROOPARAMBIL , VATTAKUNNU P.O, MEENADOM, KOTTAYAM. BY ADVS. SRI.C.S.ABDUL SAMMAD, SRI.V.D.BALAKRISHNA KARTHA. RESPONDENTS: ------------------------ 1 .STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2 .THE DIRECTOR OF HEALTH SERVICES, TRIVANDRUM. 3. THE DIRECTOR OF MEDICAL EDUCATION, TRIVANDRUM. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3315/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. P-16/PEN-A/188/BU/04-05/431 DTD. 21/06/2004. EXT.P.2: COPY OF THE GRATUITY PAYMENT ORDER NO. P-16/BU/G/39825008/885 DTD. 27/10/2006. EXT.P.3: COPY OF THE REPRESENTATION DTD. 01/11/2006 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.4: COPY OF THE REPRESENTATION DTD. 10/06/2008 SUBMITTED BY THE PETITIONER TO THE R.1. EXT.P.5: COPY OF THE G.O.(P).NO.185/2002/FIN. DTD. 27/03/2002. EXT.P.6: COPY OF THE JUDGMENT DTD. 18/09/2001 IN O.P. NO. 10266/2001-V OF THIS HON'BLE COURT. EXT.P.7: COPY OF THE CIRCULAR NO. 31/85/FIN. DTD. 10/04/85. EXT.P.8: COPY OF THE JUDGMENT DTD. 11/08/2009 IN W.P.(C).NO.34433/2008 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 3315 OF 2009 (T) ===================== Dated this the 28th day of May, 2010 J U D G M E N T Petitioner retired from service as a Lay Secretary and Treasurer on 31/5/2004 while working at the Institute of Child Health, Medical College, Kottayam. His grievance is that, so far, his DCRG due has not been disbursed. Complaining of this, the writ petition is filed. 2. Admittedly, the petitioner has retired on 31/5/2004. The three year period for fixation of liability as specified in Note 3 to Rule 3 of Part III KSR has expired long ago, and as the liability has not been fixed so far, there is no justification for the non disbursement of DCRG. Therefore, the writ petition is disposed of directing the 2nd respondent to disburse the DCRG due to the petitioner, if no liability has not been fixed so far, with notice to the petitioner. This shall be done within two months of production of a copy of this judgment. It is clarified that this judgment shall not stand in the way of the respondents in fixing the liability and recover the money in accordance with law. ANTONY DOMINIC, JUDGE Rp