IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 19262 of 2010(G) -------------------------- PETITIONER(S): --------------- P.K.JOY,(RETD.ASST.ENGI NEER,KSHB), PAZHAYIDATHUPARAMBIL HOUSE,MULAKULAM NORTH.P.O, PIRAVOM,ERNAKULAM DISTRICT-686 664. BY ADV. SRI.B.MANIMOHAN RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM-6 95 001. 2. THE SECRETARY,KERALA STATE HOUSING BOARD,THIRUVANANTHAPURAM,PIN-695 001. MR.A.JAYASANKAR, SC FOR KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19262 of 2010 (G) --------------------------------- Dated, this the 12th day of July, 2010 J U D G M E N T The petitioner retired from the services of the 1st respondent on 31/12/2008 as Assistant Engineer. Aggrieved by non-payment of DCRG that is due to him, this writ petition has been filed. 2. Reason stated in Ext.P3 for non-payment of the DCRG is the pendency of a vigilance enquiry, which involves correctness of a stage certificate issued by the petitioner for the 3rd instalment of a loan amounting to Rs.5,00,000/- availed of by one Mr.M.O.Babu. According to the petitioner, on that ground the entire DCRG of Rs.3,30,000/- has been withheld. 3. Although pendency of vigilance enquiry has been mentioned in Ext.P3 to justify the non-payment, the enquiry has not reached anywhere. 4. As at present, fact remains that the petitioner retired from service on 31/12/2008. Therefore, irrespective of the pendency of the vigilance enquiry, liability, if any, that is due from WP(C) No.19262/2010 -2- the petitioner, will have to be fixed and the balance DCRG that is due to the petitioner should be disbursed. In view of the above, this writ petition is disposed of with the following directions:- That if according to the 1st respondent any liability is due from the petitioner to be recovered from the DCRG due, the 1st respondent should issue notice to the petitioner and fix the liability with opportunity to him. Thereafter, the balance DCRG due to the petitioner should be released. It is directed that this process should be completed with notice to the petitioner and as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg