IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 32896 of 2006(N) --------------------------------------- PETITIONER: ------------------- RATHEESA KAIMAL .N, VADAKKEDATH HOUSE, RAYAMANGALAM, KURUPPAMPADI P.O., ERNAKULAM-683 545, (PRINCIPAL, BYK VOCATIONAL H.S.S., VALAVANNUR). BY ADV. SRI.P.CHANDRASEKHAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. 5. THE PRINCIPAL, B.Y.K.VOCATIONAL HIGHER SECONDARY SCHOOL, VALAVANNUR, P.O.VALAVANNUR, MALAPPURAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32896/2006-N: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER NO. P-13/PENA/301/BH/06-07 DTD. 27/10/2006 OF THE SENIOR ACCOUNTS OFFICER OF THE OFFICE OF THE R.2. EXT.P.2: COPY OF THE LETTER NO. E3/9886/06 DTD. 08/11/2006 OF THE R.3. TO THE R.4. EXT.P.3: COPY OF THE NOTICE DTD. 21/11/2006 OF THE R.5. TO THE PETITIONER. EXT.P.4: COPY OF THE LETTER DTD. 28/11/2006 OF THE PETITIONER TO THE R.5. EXT.P.5: COPY OF THE REPLY DTD. 27/02/2007 OF THE PETITIONER TO THE R.3. EXT.P.6: COPY OF THE ORDER NO. G3/388892/2003 DTD. 03/03/2007 OF THE R.3. EXT.P.7: COPY OF THE LIABILITY CERTIFICATE NO.E3/9886/06 DTD. 08/03/2007 OF THE R.3. RESPONDENT'S ANNEXURE:- ANNEXURE-I: LR.NO.G3-38892/ 03, DTD. 03/03/2007 ALONG WITH THE LIABILITY CERTIFICATE. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32896 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of October, 2011 J U D G M E N T Pursuant to disciplinary proceedings, petitioner, the Principal of an aided Higher Secondary School, was compulsorily retired from service by order dated 17.6.2005 with effect from 10.10.2003, on which date the petitioner was suspended from service pending disciplinary proceedings. The petitioner's grievance in this writ petition is regarding payment of his retirement benefits. The petitioner raises two contentions in that regard. First is that, an amount of Rs.83,073/- is sought to be recovered from the petitioner being the subsistence allowance paid to him. Secondly, an amount of Rs.1,52,997/- has been fixed as liability on the petitioner by Ext.P6 order dated 3.3.2007 on various grounds. The petitioner submits that, subsistence allowance paid cannot be forfeited, adjusted or otherwise recovered from a Government servant. As far as W.P.(C)No. 32896 of 2006 -2- Ext.P6 liability is concerned, the petitioner submits that the same is not enforcible since the liability has not been fixed within three years as provided under Note 3 of Rule 3 of Part III of K.S.R.. According to him, since he was compulsorily retired with effect from 10.10.2003, Ext.P6 order passed on 3.3.2007 is beyond 3 years prescribed in the rule. 2. The respondents have filed counter affidavits supporting their action. 3. I have considered the rival contentions in detail 4. I am satisfied that, subsistence allowance already paid cannot be recovered from the petitioner which is the settled law. But I do not find any merit in the contention of the petitioner in respect of Ext.P6 order whereby liability has been sought to be recovered from the petitioner. The only contention raised by the petitioner is that, it is beyond three years period prescribed under Rule 3 of Part III. It is true that the petitioner was compulsorily retired from service with effect from 10.10.2003 but that is W.P.(C)No. 32896 of 2006 -3- retrospectively by order dated 17.6.2005. As such, for the purpose of Note 3 of Rule 3 of Part III, the relevant date should be 17.6.2005 and not 10.10.2003. Ext.P6 fixation of liability on 3.3.2007 is well within three years from 17.6.2005. Therefore, I do not find any merit in the challenge against Ext.P6 order. Accordingly, this writ petition is disposed of with the following directions: The proceedings for recovery of the amount of Rs.83,073/- towards recovery of subsistence allowance paid to the petitioner is hereby set aside. Other retirement benefits, if any, due to the petitioner after adjusting the liability as per Ext.P6 shall be disbursed to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/