IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 143 of 2011(P) ------------------------ PETITIONER(S): --------------- DR.M.K.SUSHAMA, W/O.DR.SARANGAPANI, SARANGI, 18/358, N.A.D. P.O., NOCHIMA, ALUVA, PIN-683 563. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): --------------- 1. THE ACCOUNTANT GENERAL, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA, M.G.ROAD, P.B.NO.5607, THIRUVANANTHAPURAM, PIN-695 039. 2. THE DIRECTOR OF HEALTH SERVICES, OFFICE OF THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVT., HEALTH SERVICE DEPARTMENT, SECRETARIAT, TRIVANDRUM. GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 143 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of January, 2011. J U D G M E N T The petitioner retired voluntarily from service as Director of Health Services on 1.9.2004. Part of her DCRG was withheld on the ground that there is an irregularity in disbursing postmortem allowance to various doctors, while the petitioner was working as Superintendent in Government General Hospital, Ernakulam. The petitioner submits that on receipt of Exts.P3 and P4 notices, the petitioner has made arrangement for her successor to take steps to recover the irregularly paid postmortem allowance from the medical officers concerned. The petitioner would contend that in the said circumstances, insofar as the petitioner herself has not received any postmortem allowance and the irregularly paid postmortem allowance paid to other doctors can be recovered from them, there is no justice in withholding the balance DCRG amount. 2. I have heard the learned Government Pleader also. 3. I am of opinion that insofar as the liability is not the personal liability of the petitioner alone and the liability relates to postmortem allowance paid to other doctors, it is perfectly open to the respondents to recover the postmortem allowance paid irregularly, if any, from the doctors who received it. It is only if the same cannot be recovered from the doctors, the petitioner can be made liable. In the above circumstances, I dispose of this writ petition with a direction to the respondents to see that the balance DCRG due to the petitioner is disbursed to her on the petitioner executing a bond as provided under Rule 116 of Part III of K.S.R undertaking to pay the irregularly paid postmortem allowance, if the same is not recoverable W.P(C) No. 143/2011 -: 2 :- from any of the persons who have received it. The same shall be done within 2 weeks from the date when the petitioner executes the bond. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.