IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 26943 of 2007(G) ------------------------------------ PETITIONER(S): ----------------------- K.K.MANORAMA, D/O.K.O.KUNHIKRISHNAN NAMBIAR, AGED 61 YEARS, RETD. PRINCIPAL, MUNICIPAL HIGHER SECONDARY SCHOOL PAYYANNUR (RESIDING AT VARIKKARA HOUSE, NEAR S.S.TEMPLE, PAYYANNUR - 670 307). BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRCTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, TRIVANDRUM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, POST KANNUR-670 002. 4. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE-673 020. 5. THE PRINCIPAL, MUNICIPAL HIGHER SECONDARY SCHOOL PAYYANNUR, KANNUR DISTRICT-670 307. 6. THE ACCOUNTANT GENERAL (A & E) KERALA, TRIVANDRUM-695 039. 7. THE SUB TREASURY OFFICER, PAYYANNUR, KANNUR - 670 307. R5 BY ADV. SRI.M.SASINDRAN R1 TO R4, 6 & 7 BY GOVERNMENT PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPC NO.26943/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO. GPO P-04/GG/G/69332719/307 OF THE ACCOUNTANT GENERAL. P2: COPY OF THE ORDER NO. GPO P-04/GG/G-69332719 OF THE ACCOUNTANT GENERAL. P3: COPY OF THE ORDER NO. C3/18523/09 OF THE DEPUTY DIRECTOR. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE VPV T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26943 of 2007 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2011. JUDGMENT The petitioner is aggrieved by Ext.P2 proceedings of the third respondent fixing liability against her to the tune of Rs.35,172/-. It is pointed out that the same is beyond three years from the date of retirement of the petitioner. 2. The petitioner was working as Principal of Municipal Higher Secondary School, Payyannur. She retired from service on 30.6.2006. Exts.P1 and P1(a) show that an amount of Rs.2,87,000/- was sanctioned to the petitioner as gratuity. The same remained unpaid. Apart from raising a contention that Ext.P2 is beyond three years period, it is also pointed out that no notice was issued to the petitioner before fixing the liability. 3. The third respondent has filed a counter affidavit. Even though in para 4 it is stated that the liability has been fixed within three years of the retirement, the said averment cannot be accepted as Ext.P2 bears the date 19.10.2009. Even though reference has been made about letter dated 5.4.2008, the same was not a notice to the petitioner proposing to fix the liability and there is no averment in that regard. Ext.P2 describes it as the wpc 26943/2007 2 final liability certificate. 4. It is clear from Note 3 to Rule 3 Part III K.S.R. that liability has to be fixed with notice to the pensioner, within a period of three years of the date of retirement. Evidently, the proceedings have been issued without notice regarding quantification and the three years period is already over which is evident from Ext.P2. 5. Therefore, Ext.P2 is quashed. There will be a direction to the respondents to disburse the withheld amount of DCRG to the petitioner, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that if the respondents so choose, they can resort to remedy before the civil court or other remedies to realise the alleged liability. 6. Learned counsel for the petitioner prays for penal interest for the delayed payment of DCRG. The petitioner will have to move the appropriate authority for the said relief. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/