IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 11543 of 2009(K) -------------------------- PETITIONER(S): --------------- OUSEPH V.K., (RETIRED FOREST GUARD), VEEPANATTU HOUSE, NEDUNGAPRA P.O., ASAMANNOOR, PERUMBAVOOR. BY ADV. SRI.N.K.KARNIS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF FOREST CONSERVATOR (ADMINISTRATION) TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A&E) KERALA, TRIVANDRUM. 3. THE DIVISIONAL FOREST OFFICER (TERITORIAL), KOTHAMANGALAM. GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11543 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 24.11.06 EXT.P2- TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 5.6.07 EXT.P3- TRUE COPY OF THE ORDER NO.19944/03 DATED 26.3.04 EXT.P4- TRUE COPY OF THE POSTING ORDER DATED 31.3.04 EXT.P5- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 12.3.07 EXT.R3(a)- TRUE COPY OF THE LETTER NO.B8-19944/03 DATED 26.11.03 EXT.R3(b)- TRUE COPY OF THE LETTER NO.C2(VC6/08/EKM) 23777/08 DATED 11.11.08 EXT.R3(c)- TRUE COPY OF THE LETTER DATED 13.7.09 EXT.R3(d)- TRUE COPY OF THE LETTER NO.E1-3180/08 DATED 14.10.08 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ....................... W.P.(C).11543/2009 ....................... Dated this the 26th day of May, 2010 JUDGMENT Petitioner retired from service as Forest Guard on 30.9.2006. The grievance of the petitioner is that the DCRG due to him has not been disbursed so far. The reason for non payment as stated in the counter affidavit is the pendency of disciplinary action and the vigilance case. Respondents submits that it is because of this, the liability has not been quantified. 2. Admittedly petitioner retired from service and more than three years have lapsed. Fixation of liability shall be within three years and this has not been done. 3. Having regard to the above, the writ petition is disposed of directing that the respondents shall disburse the DCRG due to the petitioner, as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment along with the copy of the writ petition. W.P.(C).11543/09 2 It is made clear that this shall be without prejudice to the rights of the respondents to recover the same in accordance with law. ANTONY DOMINIC, Judge mrcs