IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 32517 of 2005(U) ----------------------------------------- PETITIONER: --------------------- P.K. VIJAYAN, SPECIAL GRADE SECRETARY (RETIRED), KANCHIYAR GRAMA PANCHAYAT, IDUKKI RESIDING AT PAZHAYIDAM VEEDU, PAIGOTTOOT P.O., ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE JACOB (JOSE) RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, IDUKKI, THODUPUZHA. 4. THE KANCHIYAR GRAMA PANCHAYAT KANCHIYAR, IDUKKI DISTRICT. BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32517/2005 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: RELEVANT EXTRACT OF THE PENSION PAYMENT ORDER DTD. 29/11/2004 OF THE OFFICE OF THE ACCOUNTANT GENERAL, TRIVANDRUM ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE PETITION DTD. 27/08/2005 OF THE PETITIONER ADDRESSED TO THE 3RD RESPONDENT. EXT.P3: COPY OF THE COMMUNICATION DTD. 1/09/2006 FROM THE OFFICE OF THE ACCOUNTANT GENERAL. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 32517 of 2005 -------------------------- Dated this the 11th January, 2008 J U D G M E N T The petitioner who retired from service as Special Grade Secretary on 31.12.2004 is aggrieved by the fact that the DCRG due to him has not been disbursed so far. It is more than three years since the petitioner retired. The DCRG due to him cannot be withheld. Unless the liability has been fixed, within three years from retirement, the same cannot be recovered from the DCRG. A counter affidavit has been filed by the the Deputy Director of Panchayats - the 3rd respondent. Para 6 of the counter affidavit reads as follows: “It is further submitted that the petitioner's allegation that there was no proper response from the respondent is absolutely baseless for the reason that this respondent is yet to receive Non Liability Certificate from seven Panchayats out of the 18 Panchayats where he have worked. It is also submitted that response from these Panchayats is yet to be received, even though reminders were sent to such Panchayats. It is therefore, respectfully submitted that immediately on receipt of reply from the above Panchayats, appropriate action will be taken for the issuance of NLC, if NLC was received from all the Panchayats.” W.P ( C) No. 32517 of 2005 2 In the result, this writ petition is disposed of directing the 2nd respondent to take steps to see that the DCRG due to the petitioner is disbursed, after deducting any amount which has been fixed as liability so far. Disbursal shall be effected without further delay, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Petitioner’s claim for interest for delayed payment is left open to be agitated in appropriate proceedings before the Civil Court. This direction will be without prejudice to the right of the Department to take appropriate steps to recover any amount, if it is found due from the petitioner, in accordance with law. (V.GIRI, JUDGE) ma W.P ( C) No. 32517 of 2005 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 32517 of 2005 2 25th May, 2007