IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 16712 of 2009(H) -------------------------- PETITIONER(S): --------------- K.J.SAMSHED BEEGUM, W/O.VIJAYARAGHAVAN, NEW GARDENS, AVENUE NO.5, P.O.AYYANTHOLE - 3, THRISSUR FORMERLY RESIDING AT: GOVERNMENT QUARTERS NO.V/5 P.O.AYYANTHOLE, THRISSUR (RETIRED SPECIAL GRADE SECRETARY, NADATHARA GRAMA PANCHAYAT) BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF PANCHAYATHS, THRISSUR. 2. DISTRICT TREASURY OFFICER, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. MR.ANTONY MUKKATH, GOVERNMENT PLEADER FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16712/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF GRATUITY PAYMENT ORDER DATED 05/02/2009 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL. P2 : COPY OF REQUEST MADE BY THE PETITIONER TO R1 DATED 21/03/2009. P3 : COPY OF COMMUNICATION VIDE NO.P-7045/08 DATED 30/03/2009 ISSUED BY R1 TO THE PETITIONER. R4 : COPY OF ORDER GO(P) NO.185/2002/FIN. DATED 27/3/2002. RESPONDENT'S EXHIBITS R3(a) : COPY OF GOVERNMENT ORDER DATED 05/09/2008. R3(b) : COPY OF CIRCULAR NO.H3-6180/2008 DATED 29/9/2008. R3(c) : COPY OF CIRCULAR NO.78518/AB 1/2008 DATED 12/3/09. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16712 of 2009 --------------------------------- Dated, this the 28th day of October, 2009 J U D G M E N T On 31/12/2008, on attaining the age of superannuation, the petitioner retired from service as the Special Grade Secretary of Nadathara Grama Panchayat. She was sanctioned pension on 20/12/2008, and authorised on 05/02/2009. Grievance of the petitioner is that for no reason whatsoever, her DCRG has been withheld. 2. Referring to the counter affidavit filed by the respondents, the petitioner contends that the reason for non- disbursement of the DCRG pointed out is that audit in the Madakkathara, Mulamkunnathukavu, Pookode, Tholur, Manalur and Nadathara Grama Panchayats, where the petitioner had worked as Secretary, has not been completed, and that as a result thereof, NLC's have not been issued by these Panchayats. The learned counsel for the petitioner submits that Manalur and Nadathara Grama Panchayats have already issued NLC to the Director. It is also WP(C) No.16712/2009 -2- her case that in respect of Madakkathara, Mulamkunnathukavu, Pookode, Tholur Panchayats, audit has already been completed. It is therefore stated that there is absolutely no justification for any further delay in the issuance of NLC, in order to enable the petitioner to get the DCRG released. The learned counsel also made reference to Ext.P4 Government Order dated 27/03/2002, and contended that the delay in audit by itself is no reason to withhold the DCRG. 3. According to the respondents, nonpayment of DCRG is on account of the delay in the issuance of Non Liability Certificate, which in turn is due to non-completion of audit. It is the specific case of the petitioner that Manalur and Nadathara Grama Panchayats have already issued Non Liability Certificate. In so far as Madakkathara, Mulamkunnathukavu, Pookode, Tholur Panchayats are concerned, since it is the case of the petitioner that audit has already been completed, there should not be any reason for any further delay in the issuance of LC/NLC. 4. Therefore, I dispose of this writ petition with the following directions:- WP(C) No.16712/2009 -3- That the petitioner shall produce a copy of this judgment before the Secretary of the aforesaid four Panchayats, and on production of a copy of this judgment, if audit is already over, the Secretary of the concerned Panchayat shall immediately arrange for the issuance of LC/NLC, as the case may be, to the Director, who shall on its receipt, take necessary action on the claim of the petitioner for the release of the DCRG due to her. The petitioner shall produce a copy of this judgment before the Panchayats and also before the Director for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg